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ORDINANCES 


AND 


CONSTITUTION 


OF  THE 


STATE  OF  SOUTH  CAROLINA, 

WITH    THK     % 

CONSTITUTION 

OK  THE 

^HOYISIONAL   GOVERNMENT 

> 

AND  OF  THK 

CONFEDERATE  STATES  OF  AMERICA. 


PUBLISHED   BY   ORD.ER   OF   THE   CONVENTION 


('  H  A  KL  KSTON  : 

K\  ANS   A    (OfJSWKLl..    KHINTKKS  TO  THK   •  ON  VK.VTION, 

N..>.  3  Blond  and  103  last  Bay  Strpets. 

18«.l. 


THE 

WILLIAM  R.  PERKINS 

LIBRARY 

OF 

DUKE  UNIVERSITY 


Rare  Books 


ORDINANCES 


CONSTITUTION 


STATE  OF  SOUTH  CAROLINA, 


AVITII    THE 


CONSTITUTION 


PROVISIONAL    GOVERNMENT 


AND    OF    THK 


CONFEDERATE  STATES  OF-  AMERICA. 


CHARLESTON: 

KVANS    St    COfiSWEI.I.,    I'HINTKRS    TO    THE    CONVENTION. 

No.  o  lincid  unci  103  East  Biiy  Strei-tf. 

1861. 


Digitized  by  tine  Internet  Arciiive 
in  2010  witii  funding  from 
Duke  University  Libraries 


littp://www.arcliive.org/details/ordinancesconstiOOsout 


f3 


ORDINANCES. 


The  State  of  South  Cakolixa. 

At  a  Coiiveiitiou  of  tlie  People  of  tlie  State  of  Soutli 
Carolina,  begun  and  liolden  at  Columbia,  on  the  sev- 
enteenth day  of  L)eeend)er,  in  the  year  of  onr  Lord 
one  thousand  eit^ht  hundred  and  sixty,  and  thence 
continued  by  adjournment  to  Charleston,  and  there, 
l)y  (livers  adjournments,  to  the  twentieth  day  of  Pe- 
cend)cr,  in  the  same  year. 

AX   ORDiyAXCE 

To  DISSOLVE  THE  Uniox  between  the  State  of  South  Caro- 
lina AND  other  States  united  with  her  under  the  com- 
pact ENTITLED  ''ThE  CONSTITUTION  OF  THE  UnITED  StATES 

of  America." 

IIV,  the  People  of  the  State  of  South  Carolina,  in  Com'ention. 
assembled,  do  declare  and  ordain,  and  it  is  hereby  declared 
and  ordained, 

That  the  Ordinance  adopted  hy  us  in  Convention,  on  the 
twenty-third  day  of  May,  in  the  year  of  our  Lord  one  thou- 
sand seven  hundred  and  eighty-eight,  whereby  the  Consti- 
tution of  the  L'^'nited  States  of  America  was  ratified,  and 
also  all  Acts  and  parts  of  Acts  of  the  General  Assembly  of 
this  State,  ratifying  amendments  of  the  said  Constitution, 
are  hereby  repealed ;  and  that  the  Union  now  subsisting 
between  South  Carolina  and  other  States,  under  the  name 
of  "The  United  States  of  America,"  is  hereby  dissolved. 

D.  F.  JAMIS0:N',  Del  from  Barmcell,  and  Pres't  Convention. 
Thos.  Chiles  Perrin,  J.  II.  Wilson, 

Edw.  Noble,  Thos.  Thomson, 


David  Lewis  Wardlaw, 
Jno.  Alfred  Calhoun, 
John  Izard  Middletox, 
Benjamin  E.  Sessions, 
J.  1^.  Whitner, 
James  L.  Orr, 
J.  P.  Eeed, 
R.  F.  Simpson, 


Henry  Campbell  Davis, 
Jno.  Buchanan, 
James  C.  Furman, 
r.  E.  Duncan, 
W.  K.  Easley, 
James  Harrison, 
W.  II.  Campbell, 
T.  J.  Withers, 


Benjamin  Franklin  MauldinJames  Chesnut,  Jr., 
Lewis  Malone  Ayer,  Jr.,       Joseph  Brevard  Kershaw, 


"W.  Peronneau  Finley, 
J.  J.  Brabham, 
Benj.  W.  Lawton, 
Jno.  McKee, 
Thomas  W.  Moore, 
Richard  Woods, 
A,  Q.  Dunovant, 
John  A.  Inglis, 
Henry  McIver, 
Stephen  Jackson, 
W.  Pinckney  Siiingler, 
Peter  P.  Bonneau, 
John  P.  Richardson, 
John  L.  Manning, 
John  J.  Ingram, 
Edgar  W.  Charles, 
Julius  A.  Dargan, 
Isaac  I).  Wilson, 
John  M.  Timmons, 
Francis  Hugh  Wardlaw, 
R.  G.  M.  Dunovant, 
James  Parsons  Carroll, 
Wm.  Gregg, 
Andrew  J.  Hammond, 
James  Tompkins, 
James  C.  Smyly, 
John  Hugh  Means, 
William  Strother  Lyles, 


Thos.  W.  Beaty, 
Wm.  J.  Ellis, 
R.  L.  Crawford, 
W.  C.  Cauthen, 

D.  P.  Robinson, 
H.  C.  Young, 

H.  W.  Garlington, 
John  D.  Williams, 
W.  D.  Watts, 
Thos.  Wier, 
H.  I.  Caughman, 
John  C.  Geiger, 
Paul  Quattlebaum, 
W.  B.  Rowell, 
Chesley  D.  Evans, 
Wm.  W.  Harllee, 
A.  W.  Bethea, 

E.  W.  Goodwin, 
William  D.  Johnson, 
Alex.  McLeod, 
John  P.  Kinard, 
Robert  Moorman, 
Joseph  Caldwell, 
Simeon  Fair, 

Thomas  Worth  Glover, 
Lawrence  M.  Keitt, 
Donald  Rowe  Barton, 
Wm.  Hunter, 


Andrew  F.  Lewis, 
RoBT,  A.  Thompson, 
William  S.  Grisham, 
John  Maxwell, 
Jno.  E.  Frampton, 
W.  Ferguson  Hutson, 
W.  F.  DeISaussure, 
William  Hopkins, 
James  H.  Adams, 
Maxcy  Gregg, 
John  II.  Kixsler, 
Ephraim  M.  Clarke, 
Alex.  H.  Brown, 
E.  S.  P.  Bellinger, 
Merrick  E.  Carn, 
E-.  R.  Henderson, 
Peter  Stokes, 
Daniel  Flud,    -   - 
David  C.  Appleby, 
R.  W.  Barnwell, 
Jos.  Dan'l  Pope, 
C.  P.  Brown, 
John  M.  8hin(;ler, 
Daniel  Du  Pre, 
A.  Mazyck, 
William  Cain, 
P.  G.  Snowden, 
Geo.  W.  Seabrook, 
John  Jenkins, 
R.  J.  Davant, 
E.  M.  Seabrook, 
John  J.  Wannamaker, 
Eltas  B.  Scott, 
Joseph  E,  Jenkins, 
Langdon  Cheves, 
George  Rhodes, 
A.  G.  Mag  RATH, 
Wm.  Porch er  Miles, 


John  Townsend, 
Robert  N.  Gourdin, 
H.  W.  Conner, 
Theodore  D.  Wagner, 
R.  Barnwell  Rhett, 
C.  G.  Memminger, 
Gabriel  Manigault, 
John  Julius  Pringle  Smith, 
Isaac  W.  Hayne, 
Jno.  H.  Honour, 
Rich'd  DeTreville, 
Thos.  M.  Hanckel, 

A.  W.  Burnet, 

Thos.  Y.  Simons,  • 

I.  w.  s pratt, 
Williams  Middleton, 
F.  D.  Richardson, 

B.  H.  Rutledge, 
Edward  McCRALry, 
Francis  J.  Porcher, 
T.  L.  Gourdin, 
John  S.  Palmer, 
John  L.  Nowell, 
John  S.  O'Hear, 
John  G.  Landrum, 
B.  B.  Foster, 
Benjamin  F.  Kilgore, 
Jas.  H.  Carlisle, 
Simpson  Bobo, 

Wm.  Curtis, 

II.  D.  Green, 
Matthew  P.  Mayes, 
Thomas  Reese  English,  Sr. 
Albertus  Chambers  Spain, 
J.  M.  Gadberry, 

J.  S.  Sims, 
Wm.  II.  Gist, 
James  Jefferies, 


Anthony  "W.  Dozier, 
John  G.  Pressley, 
R.  C.  Logan, 
Francis  S.  Parker, 
Benj.  Faneuil  Dunkin, 
Samuel  Taylor  Atkinson, 
Alex.  M.  Forster, 


Wm.  Blackburn  Wilson, 
Robert  T.  Allison, 
Samuel  Rainey, 
A.  Baxter  Springs, 
A.  I.  Barron, 
A.  T.  Darby. 


Attest:  B.  F.  Arthur,   Clerk. 


The  State  of  South  Carolina. 

At  a  Convention  of  the  People  of  the  State  of  South 
Carolina,  begun  and  holden  at  Columbia,  on  the  seven- 
teenth day  of  December,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  sixty,  and  thence  contin- 
ued by  adjournment  to  Charleston,  and  there,  by  divers 
adjournments,  to  the  twenty-second  day  of  December, 
in  the  same  year. 

AX  ORDNANCE 

To  alter  the  Constitution  of  the  State  of  South  Carolina, 
in  respect  to  the  Oath  of  Office. 

We,  the  Peojile  of  the  State  of  South  Carolhm,  in  Convention 
assembled,  do  declare  and  ordain,  and  it  is  hereby  declared  and 
ordained, 

That  the  Fwurth  Article  of  the  Constitution  of  the  State 
of  South  Carolina,  heretofore  amended,  be  now  altered  so 
as  to  read  as  follows,  to  wit : 

"All  persons  who  shall  be  elected  or  appointed  to  any 
office  of  protit  or  trust,  before  entering  on  the  execution 
thereof,  shall  take  (besides  special  oaths  not  repugnant  to 
this  Constitution,  prescribed  by  the  General  Assembly) 
the  following  oath  :  I  do  solemnl}"  swear  (or  affirm)  that  I 
will  be  faithful,  and  true  allegiance  bear,  to  the  State  of 
South  Carolina,  so  long  as  I  may  continue  a  citizen  thereof, 
and  that  I  am  duly  qualified,  according  to  the  Constitution 
of  this  State,  to  exercise  the  office  to  which  I  have  been 
appointed,  and  that  I  will,  to  the  best  of  my  ability,  dis- 
charge the  duties  thereof,  and  preserve,  protect  and  defend 
the  Constitution  of  this  State.     So  help  me  God." 

Done  at  Charleston,  the  twenty-second  da}'  of  December, 
in  the  year  of  our  Lord  one  thousand  eight  liundred 
and  sixty. 

D.  F.  JAjMISON,   President. 

Attest:  B.  F.  Arthur,  Clerk. 


The  State  of  South  Carolina. 

At  a  Convention  of  the  People  of  the  State  of  South 
Carolina,  begun  and  holden  at  Columbia,  on  the  seven- 
teenth day  of  December,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  sixty,  and  thence  contin- 
ued by  adjournment  to  Charleston,  and  there,  by  divers 
adjournments,  to  the  twenty-second  day  of  December, 
in  the  same  year. 

Ai^  ORDINANCE 

To  make  Provisional  Postal  Arrangements  in  South 
Carolina. 

Whereas,  The  State  of  South  Carolina  owes  it  to  her  own 
citizens,  and  to  those  of  the  other  States,  that,  as  one  of 
the  contracting  parties,  she  should  not  prevent  or  interrupt 
the  performance  of  the  pending  contract  for  carrying  and 
delivering  of  the  Mails  made  by  the  United  States  while 
South  Carolina  was  one  of  said  States :  Be  it  ordained  b>/  the 
People  of  South  Carolina,  in  Convention  assembled,  That  the 
existing  postal  contracts  and  arrangements  shall  be  contin- 
ued, and  the  persons  charged  with  the  duties  thereof  shall 
continue  to  discharge  said  duties  until  a  Postal  Treaty  or 
Treaties  shall  be  concluded,  or  until  otherw^ise  ordered  by 
this  Convention. 

Done  at  Charleston,  the  twenty-second  day  of  December, 
in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  sixty. 

D.  P.  JAMISON,  President. 

Attest:  B.  F.  Arthur,  Clerk. 


The  State  of  South  Carolina. 

At  a  Convention  of  tho  People  of  the  State  of  Soutli 
Carolina,  begnn  and  holden  at  Columbia,  on  the  seven- 
teenth day  of  December,  in  the  year  of  our  Lord  one 
thousand  eiij^ht  hundred  and  sixty,  and  thence  continued 
by  adjourinnent  to  Charleston,  and  there,  by  divers 
adjournments,  to  the  twenty-sixth  day  of  December,  in 
the  same  year. 

AN  ORDIXAXCE 

To  make  Provisional  Arrangements  for  the  Continuance  of 
Commercial  Facilities  in  South  CaroHna. 

Whereas,  It  is  due  to  our  late  confederates  in  the  jtolitical 
Union,  known  as  the  United  States  of  America,  as  also  to 
the  citizens  of  South  Carolina  engaged  in  commerce,  that 
no  abru})t  or  sudden  change  be  made  in  the  rate  of  duties 
upon  imports  into  this  State;  and,  whereas,  it  is  not  desired 
by  this  State  to  secure  any  advantage  in  trade  to  her  own 
ports  al)ovc  those  of  any  of  the  slaveholding  States,  her  late 
confederates  in  the  said  Union  ;  and,  whereas,  this  Ordi- 
nance, for  the  considerations  indicated,  is  designed  to  be 
provisional  merely  ;  therefore, 

Wc,  Vie  People  of  the  State  of  South  Ceiroh'na,  in  Convention 
a.sseniljled,  do  declare  and  ordain,  and  it  is  herelvj  declared  and 
ordained. 

First:  That  all  citizens  of  this  State,  who,  at  the  date  of 
the  Ordinance  of  Secession,  were  holding  office  connected 
with  the  Customs,  under  the  (Government  of  the  United 
States,  witliin  the  limits  of  South  Carolina,  be,  and  they  are 
hereby  a})pointed  to  hold,  under  the  Government  of  this  State, 
exclusive  of  any  furtlier  connection  whatever  with  the  Fed- 
eral Government  of  the  United  States,  the  same  offices 
they  now  fill,  until  otherwise  directed,  and  to  receive  the 
same  pay  and  emoluments  for  their  services. 


10 

Second:  That  until  this  Convention,  or  the  General  As- 
sembly, shall  otherwise  provide,  the  Governor  shall  appoint 
to  all  vacancies  which  may  occur  in  such  offices. 

Third :  That,  until  otherwise  provided  by  this  Conven- 
tion, or  the  General  Assembly,  the  revenue,  collection  and 
navigation  laws  of  the  United  States,  so  far  as  they  may  be 
applicable,  be,  and  they  are  hereby  adopted,  and  made  the 
laws  of  this  State,  saving  that  no  duties  shall  be  collected 
upon  imports  from  the  States  forming  the  late  Federal 
Union,  known  as  the  United  States  of  America,  nor  upon 
the  tonnage  of  vessels  owned  in  whole  or  in  part  by  the 
citizens  of  the  said  States,  and  saving  and  excepting  the 
Act  of  Congress,  adopted  the  3d  day  of  March,  1817,  enti- 
tled "  An  Act  authorizing  the  deposit  of  papers  of  foreign 
vessels  \yitli  the  Consuls  of  their  respective  nations,"  which 
said  Act  is  hereby  declared  to  be  of  no  force  within  the 
limits  of  this  State. 

Fourth :  That  all  vessels  built  in  South  Carolina,  or  else- 
where, and  owned  to  the  amount  of  one-third  by  a  citizen 
or  citizens  of  South  Carolina,  or  any  of  the  slaveholding 
commonwealths  of  iTorth  America,  and  commanded  by  a 
citizen  thereof,  and  no  other,  shall  be  registered  as  vessels 
of  South  Carolina,  under  the  authority  of  the  Collector  and 
Xaval  Officer, 

Fifth  :  That  all  the  official  acts  of  the  officers  aforesaid, 
in  which  it  is  usual  and  proper  to  set  forth  the  authority 
under  which  they  act,  or  the  style  of  documents  issued  by 
them,  or  any  of  them,  shall  be  in  the  name  of  the  State  of 
South  Carolina.  •  - . 

Sixth :  That  all  moneys  hereafter  collected  by  any  of  the 
officers  aforesaid  shall,  after  deducting  the  sums  necessary 
for  the  compensation  of  officers  and  other  expenses,  be 
paid  into  the  Treasury  of  the  State  of  South  Carolina,  for 
the  use  of  the  said  State,  subject  to  the  order  of  this  Con- 
vention, or  the  General  Assembly. 

Seventh  :  That  the  officers  aforesaid  shall  retain  in  their 
hands  all  property  of  the  United  States  in  their  possession, 
custody,  or   control,  sulyect  to  the  disposal  of  this  State, 


11 

wlio  will  account  for  the  same  upon  a  final  settlement  with 
the  Government  of  the  ITnitecl  States. 

Done  at  Charleston,  the  twenty-sixth  day  of  Decemher, 
in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  sixty. 

D.  F.  JAMISON,  President. 

Attest :  B.  F.  Arthur,  Clerk. 


/ 

/ 


.12 


The  State  of  South  Carolina. 

At  a  Coiivciitiou  of  the  Pco})le  of  the  State  of  South 
Carolina,  begun  and  hohleu  at  Cohinil)ia,  on  the  seven- 
teenth day  of  December,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  sixty,  and  thence  continued 
by  adjournment  to  Charleston,  and  there,  hy  divers 
adjournments,  to  the  twenty-seventh  (hxy  of  December, 
in  the  same  year. 

AX  ORDINAJnTCE 

To  amend  the  Constitution  of  the  State  of  South  Carolina 
in  respect  to  the  Executive  Department. 

We,  the  People  of  the  State  of  South  Carolina,  in  Convention 
asscmlileel,  do  declare  and  ordain,  and  it  is  herein/  declared  and 
ordained, 

That  the  Governor  shall  have  power  to  receive  ambassa- 
dors, ministers,  consuls,  and  agents  from  foreign  powers  ;  to 
appoint  such  agents,  to  be  paid  out  of  the  contingent  fund, 
as  in  his  discretion  he  may  choose  to  employ ;  to  conduct 
negotiations  with  foreign  powers;  to  make  treaties  by  and 
with  the  advice  and  consent  of  the  Senate,  provided  two- 
thirds  of  the  Senators  present  agree;  to  nominate,  and  by 
and  with  the  advice  and  consent  of  the  Senate,  to  appoint 
such  ambassadors,  other  public  ministers  and  consuls,  as 
the  General  Assembly  shall  have  previously  directed  to  be 
appointed,  and  also  all  other  othcers,  whose  appointment 
otherwise  shall  not  have  been  provided  for  by  law  ;  to  iill 
all  vacancies  that  may  happen  during  the  recess  of  the 
Senate,  in  the  offices  to  which  he  had  the  power  to  nomi- 
nate as  a]>ove  mentioned,  by  granting  commissions  which 
shall  expire  at  the  end  of  the  next  session  of  the  Senate, 
and  to  convene  the  Senate  whenever,  in  his  opinion,  it  may 
be  necessary :  Provided,  nevertheless,  That,  duriiig  the  exist- 


13 

ence  of  a  Convention,  all  treaties  and  directions  for  appoint- 
ment of  ambassadors,  ministers,  or  consuls,  shall  be  subject 
to  the  advice  and  consent  of  the  Convention,  or  to  its  sepa- 
rate action. 

Avd  it  is  farther  ordained.  That  the  Governor  sliall  imme- 
diately aj^point  four  persons,  with  the  advice  and  consent 
of  this  Convcntii^n,  who.  to<>-othei-  with  the  Licnti-iiant- 
Governor,  shall  form  a  Council,  to  be  cahed  the  Executive 
Council,  whose  duty  it  shall  be,  when  required  by  the  iiov- 
eriior,  to  advise  with  liim  upon  all  mattci's  ^\•hi(•ll  may  be 
submitted  to  their  eousideration :  and  that  a  reconl  of  such 
consultations  shall  be  kept:  FroridaK  ncrevthdcss,  Tliat  the 
Governor  shall,  in  all  cases,  decide  upon  his  own  action. 

Done  at  Charleston,  the  twenty-seventh  day  of  Decem- 
ber, in  the  year  of  our  Lord  one  thousand  eii;-lit  hun- 
dred and  sixty. 

D.  Y.  JAMl.SOX,  FnsidcHt. 

Attest :  B.  F.  Arthur,  Clerk. 


1-4 


The  State  of  South  Carolina. 

At  a  Convention  of  the.  People  of  the  State  of  South 
Carolina,  begun  and  holden  at  Columbia,  on  the  sev- 
enteentli  day  of  December,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixt}',  and  thence 
continued  by  adjournment  to  Charleston,  and  there, 
by  divers  adjournments,  to  the  twenty-seventh  day  of 
December  in  the  same  year. 

AN  ORDINANCE 

To  alter  the  Constitution  of  the  State  of  South  Carolina, 
by  striking  out  certain  words  in  sundry  places. 

We,  the  people  of  the  State  of  South  Carolma,  in  Covrcntion 
assembled,  do.  declare  and  ordain,  and  it  is  herclnj  declared  and 
ordained, 

That  the  Constitution  of  the  State  of  South  Carolina  be 
altered  by  striking  therefrom  certain  words  in  sundry 
places,  as  follows,  to  wit:  In  the  Twenty-first  Section  of 
the  First  Article,  strike  out  in  two  places  where  they  occur 
in  this  Section,  the  following  words — "  the  United  States 
or  either  of  them."  In  the  Third  Clause  of  the  Second 
Section  of  the  Second  Article,  strike  out  the  following 
words — "or  under  any  State  or  the  United  States."  In 
the  Sixth  Section  of  the  Second  Article,  strike  out  the  fol- 
lowing words — "except  when  they  shall  be  called  into  the 
actual  service  of  the  United  States."  In  the  Second  Clause 
of  the  First  Section  of  the  Third  Article,  strike  out  the 
following  words — "the  United  States."  In  the  amend- 
ment of  the  amendment  of  the  Fourth  Section  of  the 
First  Article,  (which  amendment  of  the  amendment  was 
ratified  Decendjer  twentieth,  one  thousand  eight  hundred 
and  fifty-six,)  strike  out  the  following  words — "and  non- 
commissioned officers  and  private  soldiers  of  the  Army 
of  the  United    States."      In   the  Fifth  Section  of  Second 


15 

Article,  strike  out  in  the  places  where  they  occur  in  this 
Section,  the  word  "absence,"  and  in  lieu  thereof,  insert 
"removal;"  also  strike  out  "being  absent,"  and  insert  in 
lieu  thereof,  "removal  from  the  State." 

Done  at  Charleston,  the  twenty-seventh  day  of  Decem- 
ber, in  the  year  of  our  Lord  one  thousand  eiirht  hun- 
dred and  sixty. 

D.  F.  JAMISON,  Frcsi</eu(. 

Attest:  B.  F.  AiixiiUK,  Clerk. 


16 


The  State  of  South  Cakolina. 

At  a  Convention  of  the  People  of  the  State  of  South 
Carolina,  l)e<i:un  and  holden  at  Columbia,  on  the  seven- 
teenth day  of  J)eeend)er,  in  the  3'ear  of  our  Lord  one 
thousand  ei^'ht  hundred  and  vsixty,  and  thence  con- 
tinued by  adjournment  to  Charleston,  and  there,  by 
divers  adjournments,  to  the  thirty -first  day  of  Decem- 
ber, in  the  same  year. 

AX  ORDIXANCE 

Concerning  Powers  lately   vested  in   the  Congress  of  the 
United  States. 

Wc,  the  People  of  the  State  of.  South  Carolina,  in  Convention 
assembled,  do  declare  and  ordain,  and  it  is  hereby  declared  and 
ordained, 

That  all  powers  wliicli,  by  this  State,  were  heretofore 
delegated  to  the  Congress  of  tlie  United  States,  shall  be 
vested  in  the  General  Assembly,  except  that  during  the 
existence  of  this  Convention,  the  powers  of  the  General 
Assembly  shall  not  extend,  without  the  direction  of  this 
Convention,  to  any  of  these  sid)jects,  viz :  Duties  and  Im- 
posts, the  Post-Office,  the  Declaration  of  War,  Treaties, 
Confederacy  with  other  States,  (Htizenship  and  Treason. 

Done  at  Charleston,  the  thirty -first  day  of  December,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and 
sixty. 

D.  F.  JAMISON,  President. 

Attest:  13.  F.  Autiiur,  Clerk. 


17 


The  State  of  South  Carolina. 

At  a  Convention  of  the  People  of  the  State  of  Sontli 
Carolina,  begun  and  holden  at  C(>hnnl>ia.  on  the  seven- 
teenth day  of  December,  in  the  year  of  our  Lord  one 
tliousand  eight  hundred  and  sixty,  and  tlience  con- 
tinued by  adjournment  to  Charleston,  and  there,  by 
divers  adjournments,  to  the  thirty -first  day  of  Decem- 
ber, in  the  same  year. 

AX  OIIDINAN'CE 

To  Define  and  Punish  Treason. 

We,  ilic  People  of  the  JSlaie  of  SoafJi  Carolina,  in  Convention 
assembled,  do  declare  and  ordain,  and,  it  is  hereby  declared,  and 
ordained. 

That  in  addition  to  what  has  liecii  already  declared  to  be 
treason  by  the  General  Assembly,  treason  against  this  State 
shall  consist  only  in  levying  war  against  the  State,  or 
adhering  to  its  enemies,  giving  them  aid  and  comfort;  and 
that  treason  shall  be  punished  by  death,  without  benefit  of 
clergy. 

Done  at  Charleston,  the  thirty-lirst  day  of  December,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and 
sixty.      "- 

D.  F.  JAMISON,  President 

Attest:  B.  F.  Arthur,  Cicrk. 


18 


The  State  of  South  Carolina. 
At  a  Convention  of  the  People  of  the  State  of  South 
Carolina,  begun  and  holden  at  Columbia,  on  the  seven- 
teenth day  of  December,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  sixty,  and  thence  contin- 
ued b}'  adjournment  to  Charleston,  and  there,  by  divers 
adjournments,  to  the  thirty-first  da}'  of  December,  in 
the  year  of  our  Lord  one  thousand  eiglit  hundred  and 
sixty. 

AIN-  ORDmAISrCE 

Concerning  Judicial  Powers. 

We,  the  People  of  the  State  of  South  Carolina,  in  Convention 
assembled,  do  declare  and  ordain,  and  it  is  hereby  declared  and 
ordained. 

That  the  judicial  power  heretofore  delegated  by  this  State, 
so  as  to  form  a  part  of  the  judicial  power  of  the  United 
States,  having  reverted  to  this  State,  shall  be  exercised  by 
such  Courts  as  the  General  Assembly  shall  direct. 

Done  at  Charleston,  the  thirty-first  day  of  December,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and 
sixty. 

D.  F.  JAMISOis^,  President 

Attest :  B.  F.  Arthur,  Clerk. 


19 


The  State  of  South  Carolina. 
At  a  Convention  of  the  People  of  the  State  of  South 
Carolina,  begun  and  holden  at  Columbia,  on  the  sev- 
enteenth day  of  December,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty,  and  there,  by 
div^ers  adjournments,  to  the  iirst  day  of  January  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and 
sixty-one. 

AN  ORDINANCE 

Concerning  Citizenship. 

We,  the  People  of  the  State  of  South  Carolina  in  Convention 
asf^cnibled,  do  declare  and  ordain,  and  it  is  herebj/  declared  and 
ordained, 

1.  Every  person  who,  at  the  date  of  the  Ordinance  of 
Secession,  was  residing  in  this  State,  and  was  then  by 
birth,  residence,  or  naturalization,  a  citizen  of  this  State, 
shall  continue  a  citizen  of  this  State,  unless  a  foreign  res- 
idence shall  be  established  by  such  person  with  the  inten- 
tion of  expatriation. 

2.  So,  also,  shall  continue  every  free  wliite  person  who, 
after  the  date  aforesaid,  may  be  born  within  the  territory 
of  this  State,  or  may  be  born  outside  of  that  territory,  of  a 
father  who  then  was  a  citizen  of  this  State. 

3.  So,  also,  every  person,  a  citizen  of  any  one  of  the 
States  now  confederated  under  the  name  of  the  United 
States  of  America,  who,  within  twelve  months  after  the 
date  of  the  Ordinance  of  Secession,  shall  come  to  reside 
in  this  State,  with  the  intention  of  remaining,  upon  such 
person's  taking  the  oath  of  allegiance  to  this  State,  below 
provided. 

4.  So,  also,  every  free  white  person  who  shall  be  engaged 
in  the  actual  service,  military  or  naval,  of  the  State,  and 
shall  take  an  oath  of  his  intention  to  continue  in  such  ser- 


20 

vice  for  at  lea.st  tlirec  iiioiitlis,  unless  sooner  discharged 
honorably,  and  also  the  oath  of  allegiance  helow  prescribed. 
In  this  case,  the  oaths  sliall  be  administered  by  some  com- 
missioned otRcer  of  the  service,  in  which  the  applicant  for 
citi/:enshi[)  may  be  engaged,  superior  in  rank  to  the  appli- 
cant, ami  thereupon  certificate  of  the  citizenship  of  the 
applicant  shall  be  signed  by  the  officer,  and  delivered  to 
the  applicant. 

5.  So,  also,  every  free  white  person,  not  a  citizen  of  any 
of  the  States  above  mentioned,  wdio,  at  the  date  of  the 
Ordinance  of  Secession,  was  residing  in  this  State,  or  who, 
within  one  year  from  that  date,  shall  come  to  reside  in  this 
State,  with  the  intention  of  remaining,  upon  such  person's 
appearing  before  the  Court  of  Common  Pleas  for  any  of 
the  Districts  of  this  State,  establishing,  by  his  or  her  own 
oath,  the  residence  and  intention  here  required,  and  taking 
the  oath  of  allegiance  and  abjuration  below  prescribed. 

6.  So,  also,  every  person,  not  a  citizen  of  any  of  the 
States  above  mentioned,  at  the  date  aforesaid,  who  may 
come  to  reside  in  this  State,  with  the  intention  of  remain- 
ing, and  may  be  naturalized  according  to  the  naturalization 
laws  of  this  State.  Until  they  may  be  altered  or  repealed, 
the  naturalization  laws  of  the  United  States,  accommodated 
to  the  special  condition  of  the  State,  are  hereby  made  the 
laws  of  this  State,  except  that  instead  of  the  oaths  required 
by  those  laws  in  the  iinal  Act,  the  oath  of  allegiance  to 
this  State,  and  of  abjuration  below  provided,  shall  be  taken. 

7.  In  all  cases,  the  citizensliip  of  a  man  shall  extend  to 
his  wife,  present  or  future,  whenever  she  shall  have  a  res- 
idence in  the  State,  and  shall  extend  also  to  each  of  his 
children  that,  under  tlie  age  of  eighteen  years,  may  have  a 
residence  in  the  State.  In  like  manner,  the  citizenship  of 
a  woman  shall  extend  to  each  of  her  children,  that,  under 
the  age  of  eighteen  years,  may  have  a  residence  in  the 
State;  Provided^  That  in  no  case  shall  citizenship  extend  to 
any  person  who  is  not  a  free  white  person. 

8.  That  the  oath  of  allegiance  to  this  State  sliall  be  in 
the  following  form,  to  wit:   "I  do  swear  (or  atRrm)  that  I 


21 

will  be  faitliful,  and  true  allegiance  bear,  to  tbe  State  of 
Soutli  C/arolina,  as  long  as  I  may  continue  a  citizen 
thereof." 

9.  Tlie  oath  of  abjuration  shall  be  in  the  following  form, 
to  wit :  "  I  do  swear  (or  atfirm)  that  I  do  renounce,  and 
forever  abjure,  all  allegiance  and  fidelity  to  every  prince, 
potentate,  state,  or  -sovereignty  whatsoever,  ex<'cpt  the  State 
of  South  Carolina." 

Done  at  Charleston,  the  Urst  day  of  January,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  sixty-one. 

D.  F.  JAMKO]^,  President. 
Attest;  13,  F,  AuTurji,  Clerk. 


The  State  of  South  Carolina. 

At  a  Coiiveiitioii  of  the  People  of  tlie  State  of  Soutli 
Carolina,  begun  and  holclon  at  Columbia,  on  the  seven- 
teenth day  of  December,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  sixty,  and  thence  con- 
tinued by  adjournment  to  Charleston,  and  there,  by 
divers  adjournments,  to  the  fifth  day  of  January,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and 
sixty-one. 

AN  ORDINANCE 

To  vest  in  the  General  Assembly  the  power  to  establish 
Postal  Arrangements. 

We,  the  People  of  the  State  of  South  Carolina,  in  Convention 
assembled,  do  declare  and  ordain,  and  it  is  hereby  declared  and 
ordained. 

That  all  power  necessary  to  make  Postal  Arrangements, 
and  enact  Postal  Laws,  is  hereby  vested  in  the  General 
Assembly. 

Done  at  Charleston,  the  fifth  day  of  January,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  sixty- 
one. 

D.  F.  JAMISON,  President. 

Attest :  B.  F.  Arthur,  Clerk. 


23 


The  State  of  South  Carolina. 

At  a  Convention  of  the  People  of  the  State  of  South 
Carolina,  reassenihled  by  appointment  of  the  Presi- 
dent thereof,  at  Charleston,  on  the  twenty-sixth  day  of 
March,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  sixty-one,  and  thence  continued  by  divers 
adjournments,  to  the  fourth  day  of  April,  in  the  same 
year. 

AN  ORDNANCE 

To  alter  the  tenth  Section  of  the  first  Article  of  the  Con- 
stitution of  the  State  of  South  Carolina,  and  the 
amendment  thereof,  ratified  the  twenty-eighth  day  of 
January,  one  thousand  eight  hundred  and  sixty-one  ; 
also,  to  alter  the  tenth  Section  of  the  Amendments, 
ratified  on  the  seventeenth  day  of  December,  eighteen 
hundred  and  eight ;  and  likewise,  the  second  Clause 
of  the  eleventh  Article  of  the  Constitution  aforesaid. 

We,  the  People  of  (he  State  of  South  Carolina,  hi  Convention 
assembled,  do  declare  and  ordain,  and  it  is  hereby  declared  and 
ordained,  as  follows  : 

The  tenth  Section  of  the  first  Article  of  the  Constitution 
of  the  State  of  South  Carolina,  and  the  Amendments 
thereof,  ratified  in  the  Senate  house,  on  the  twenty-eighth 
day  of  Januarj',  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  sixty-one,  shall  be  altered  to  read  as  follows  : 
"  Senators  and  ^Members  of  the  House  of  Representatives 
shall  be  chosen  at  a  General  Election,  on  the  Tuesday  after 
the  second  Monday  in  Octol)er,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  sixty-two  ;  and  on  the  same 
day  in  every  second  year  thereafter,  in  such  manner  and 
for  such  tei-ms  of  oifice  as  are  herein  directed.  They  shall 
meet  on  the  fourth  Monday  in   November,   annually,   at 


24 

Columbia  (wliieh  shall  remain  the  seat  of  Governrneiit, 
until  otherwise  determined  by  the  concurrence  of  two- 
thirds  of  both  branches  of  the  Representation),  unless  the 
casualties  of  war,  or  contagions  disorders,  should  render  it 
unsafe  to  meet  there  ;  in  either  of  wbich  cases,  the  Gover- 
nor or  Commander-in-Chief,  for  the  time  being,  may,  by 
proclamation,  appoint  a  more  secure  and  convenient  place 
of  meeting.  From  the  next  General  Election  shall,  how- 
ever, be  excepted  those  Senators,  -whose  term  of  oilice  will 
not  expire  in  the  year  one  thousand  eight  hundred  and 
sixty-two.  The  terms  of  office  of  the  Senators  and  Members 
of  the  House  of  Representatives,  shall  begin  on  the  Monday 
following  a  General  Election."  The  tenth  Section  of  the 
Amendments  to  the  Constitution  aforesaid,  ratihed  Decem- 
ber seventeenth,  one  thousand  eight  hundred  and  eight, 
shall  be  altered  to  read  as  follows  :  "  The  Senators  having 
heretofore  been  divided  by  lot  into  two  classes,  the  seats  of 
the  Senators  of  the  first  class  shall  be  vacated  at  the  expira- 
tion of  the  second  year  after  the  Monday  following  a  Gen- 
eral Election  ;  and  of  the  second  class,  at  the  expiration  of 
the  fourth  year  ;  and  the  number  of  these  classes  shall  be 
so  proportioned,  that  one-half  of  the  whole  number  of  Sena- 
tors may,  as  nearly  as  possible,  continue  to  be  chosen  there- 
after every  second  year."  The  second  Clause  of  the 
eleventh  Article  of  the  Constitution  aforesaid,  shall  be 
altered  to  read  as  follows :  ''  ^o  part  of  this  Constitution 
shall  be  altered  unless  a  bill  to  alter  the  same  shall  have 
been  read  on  three  several  days  in  the  House  of  Represent- 
atives, and  on  three  several  days  in  the  Senate,  and  agreed 
to  at  the  second  and  third  readings  by  tw^o-thirds  of  the 
whole  Representation  in  each  branch  of  the  Legislature. 
Xeither  shall  any  alteration  take  place  until  the  bill  so 
agreed  to  be  published  three  months  previous  to  a  new 
election  for  Members  of  the  House  of  Representatives ;  and 
if  the  alteration  proposed  by  the  Legislature  shall  be 
agreed  to  in  their  tirst  session  by  two-thirds  of  the  whole 
Representation  in  each  branch  of  the  Legislature,  after  the 
same  shall  have  been  read  on  three  several  days,  in  each 


25 

House,  then,  aiui  not  otlienvisc,  the  same  sliall  become  a 
l)art  of  the  Constitution." 

Done  at  Charleston,  the  fonrtli  (hiv  of  April,  in  the  year 
of  our  Lord  one  tliousaud  eight  hundred  and  sixty-one. 

D.  F.  JAMISOJ^, 

Presidcnl  of  the  Convention. 

Attest:  B.  F.  AiixHrR, 

Clerk  of  t lie  fonrention. 


26 


The  State  of  South  Carolina. 

■  At  a  Convention  of  tlie  People  of  tlie  State  of  Soutli 
Carolina,  reassembled  by  appointment  of  the  Presi- 
den  thereof,  at  Charleston,  on  the  twenty-sixth  day  of 
March,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  sixty-one,  and  thence  continued  by  divers 
adjournments  to  the  fourth  day  of  April,  in  the  same 
year. 

AN  ORDNANCE 

To  amend  an  Ordinance  concerning  Citizenship. 

We,  the  Peojyle  of  the  State  of  South  Carolina,  in  Convention 
assembled,  do  declare  and  ordain,  and  d  is  hereby  declared  and 
ordained. 

That  the  first  Section  of  an  Ordinance,  entitled,  "An 
Ordinance  concerning  Citizenship,"  ratified  the  first  day  of 
January,  in  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  sixty-one,  be,  and  the  same  is  hereby  altered  and 
amended,  so  as  to  read  as  follows  :  "  Every  person  who,  at 
the  date  of  the  Ordinance  of  Secession,  was  by  birth,  resi- 
dence, or  naturalization,  a  citizen  of  this  State,  shall  con- 
tinue a  citizen  thereof,  unless  a  foreign  residence  shall  be 
established  by  such  person,  with  the  intention  of  expatri- 
ation." 

Done  at  Charleston,  tlie  fourth  day  of  April,  in  the  yeai* 
of  our  Lord  one  thousand  eight  hundred  and  sixty-one. 

D.  F.  JAMISOJs\ 

President  of  tlie  Convention. 

Attest:  B.  F.  Arthur, 

Clerk  of  the  Convention. 


n 


Z{ 


The  State  of  South  Cakolina. 

At  a  Ooiiventiou  of  tlio  Pco[»lc  of  the  State  of  South 
Carolina,  reassembled  by  appointment  of  the  Tresi- 
cient  thereof,  at  Charleston,  on  the  twenty-sixth  day 
of  March,  in  the  year  of  our  Lord  one  thousand 
eiglit  hundred  and  sixty-one,  and  tlience  continued  by 
divers  adjournments,  to  the  fourth  day  of  April,  in 
the  same  vear. 

AX  ordixa:n^ce 

To  repeal  sundry  Ordinances,  and  to  alter  the  fourth  Arti- 
cle and  sundry  Sections  of  the  Constitution. 

Wc%  the  People  of  the  State  of  South  Carolina^  in  Convention 
assembled,  do  declare  and  ordain^  and  it  is  hereby  declared  and 
ordained,  as  follows  : 

The  Ordinance  ratilied  hy  us  in  Convention,  on  the 
twenty-second  day  of  December,  one  thousand  ei^'ht  hun- 
dred and  sixty,  entitled  "An  Ordinance  to  make  provis- 
ional Postal  Arrans2^ements  in  South  Caroliiui ;"  also,  the 
Ordinance  ratiiied  on  the  twenty-sixth  day  of  December, 
one  thousand  eight  hundred  and  sixty,  entitled  "An  Ordi- 
nance to  make  provisional  arrangements  for  the  continu- 
ance of  Commercial  Facilities  in  South  Carolina;"  also, 
the  Ordinance  ratiiied  on  the  twenty-seventh  day  of  Decem- 
ber, one  thousand  eight  hundred  and  sixty,  entitled  "  An 
Ordinance  to  alter  the  Constitution  of  the  State  of  South 
Carolina,  by  striking  out  certain  words  in  sundry  places;" 
also,  the  Ordinance  ratified  on  the  fifth  day  of  January, 
one  thousand  eight  hundred  and  sixty-one,  entitled  "  An 
Ordinance  to  vest  in  the  General  Assembly  the  power  of 
establishing  Postal  Arrangements,"  shall  be,  and  the  same 
are  hercl)y  I'cpealed.  The  Ordinance,  ratified  on  the  thirty- 
first  dav  of  December,  one  thousand  eight  hundred  and 


28 

sixty,  entitled  "An  Ordinance  concerning  powers  lately 
vested  in  the  Congress  of  the  United  States;"  also,  the 
Ordinance,  ratiliod  on  the  thirty-first  day  of  December,  one 
thousand  eight  hundred  and  sixty,  entitled  "  An  Ordi- 
nance concerning  Judicial  Powers,"  shall  be,  and  the  same 
are  hereby  repealed,  so  far  as  thej-  are  inconsistent  with  the 
Constitution  of  the  Confederate  States  of  America.  The 
various  amendments  heretofore  made  to  the  fourth  Article 
of  the  Constitution  of  the  State  of  South  Carolina,  shall 
be,  and  tlie  same  are  hereby  repealed.  And  the  fourth 
Article,  and  sundry  Sections  of  the  Constitution  of  the 
State  of  South  Carolina,  be  altered  and  amended,  so  as  to 
read  as  follows,  to  wit : 

Article  I,  Section  4.  Every  free  white  man  of  tlie  age 
of  twenty-one  years,  paupers,  and  non-commissioned  officers 
and  private  soldiers  of  the  army  of  the  Confederate  States 
of  America  excepted,  who  hath  been  a  citizen  and  resident 
of  this  State  two  years  previous  to  the  day  of  election,  and 
wiio  hath  a  freehold  of  fifty  acres  of  land,  or  a  town  lot,  of 
which  he  hath  been  legally  seized  and  possessed,  at  least 
six  months  before  such  election,  or  not  having  such  free- 
hold, or  town  lot,  hath  been  a  resident  in  the  election  dis- 
trict in  which  he  offers  to  give  his  vote,  six  months  before 
the  said  election,  shall  have  a  right  to  vote  for  a  member 
or  members,  to  serve  in  either  branch  of  the  Legislature, 
for  the  election  district,  in  which  he  holds  such  property, 
or  is  so  resident.  Section  21.  I^^o  person  shall  be  eligible 
to  a  seat  in  the  Legislature,  whilst  he  holds  any  office  of 
profit  or  trust  under  this  State,  the  Confederate  States  of 
America,  or  either  of  them,  or  under  any  other  power, 
except  officers  in  the  militia,  army  or  navy  of  this  State, 
Justices  of  the  Peace,  or  Justices  of  the  County  Courts, 
while  they  receive  no  salaries ;  nor  shall  any  contractor  of 
the  army  or  navy  of  this  State,  the  Confederate  States  of 
America,  or  either  of  them,  or  the  agents  of  such  con- 
tractor, be  eligible  to  a  seat  in  either  House.  And  if  any 
member  shall  accept,  or  exercise  any  of  the  said  disquali- 
fying offices,  he  shall  vacate  his  seat. 


29 

Article  II,  Section  2,  Clause  3.  Xo  person  sliall  hold 
the  ofHce  of  Governor,  and  any  other  oiHce  or  commission, 
civil  or  militarv,  (except  in  the  militia,)  either  in  this  State. 
or  under  the  Confederate  States  of  America,  or  either  of 
them,  or  under  any  other  power  at  one  and  the  same  time. 
Section  5,  In  case  of  the  impeachment  of  the  Governor, 
or  his  removal  from  ofHce,  death,  resignation,  or  removal 
from  the  State,  the  Lieutenant-Governor  shall  succeed  to 
his  ofttce.  And  in  case  of  the  impeachment  of  the  Liou- 
•tenant-Governor,  or  his  removal  from  office,  death,  rcsiir- 
nation,  or  removal  from  the  State,  the  President  of  the 
Senate  shall  succeed  to  his  office,  till  a  nomination  to  those 
offices,  respectively,  shall  be  made  hy  the  Senate  and  House 
of  Representatives,  for  the  remainder  of  the  time  forAvhich 
the  officer  so  impeached,  removed  from  office,  dying,  resign- 
ing, or  removed  from  the  State,  was  elected.  Section  6. 
The  Governor  shall  be  Commander-in-Chief  of  the  army 
and  navy  of  this  State,  and  of  the  militia,  excc])t  when 
the\-  shall  be  called  into  the  actual  service  of  the  Confed- 
erate States  of  America. 

Article  III,  Section  1.  The  judicial  power  shall  be 
vested  in  such  Superior  and  Infei-ior  Courts  of  Law  and 
Equity  as  the  Legislature  shall  from  time  to  time  direct 
and  establish.  The  Judges  of  each  shall  hold  their  com- 
missions during  good  behavior;  and  Judges  of  the  Sui)c- 
rior  Courts  shall,  at  stated  times,  receive  a  compensation 
for  their  services,  which  shall  neither  be  increased  nor 
diminished  during  their  continuance  in  office;  but  they 
shall  receive  no  fees  or  perquisites  of  office,  nor  hold  any 
other  office  of  profit  or  trust  under  this  State,  the  Confed- 
erate States  of  America,  or  any  other  power. 

Article  IV.  All  persons  who  shall  be  elected,  or  ap- 
pointed to  any  office  of  profit  or  trust,  before  entering  on 
the  execution  thereof,  shall  take  (besides  special  oaths  not 
repugnant  to  this  Constitution,  prescribed  by  the  General 
Assembly)  the  following  oath:  "I  do  solemnly  swear  (or 
affirm)  that  I  will  be  faithful,  and  true  allegiance  bear  to 
the   State  of  South   Carolina,  so  lonu'  as  I  mav  continue  a 


30 

citizen  thereof,  and  that  I  am  duly  qualified,  according  to 
the  Constitution  of  this  State,  to  exercise  the  office  to 
which  I  have  been  appointed  ;  and  that  I  will,  to  the  best 
of  my  ability,  discharge  the  duties  thereof,  and  preserve, 
protect  and  defend  the  Constitution  of  this  State,  and  that 
of  the  Confederate  States  of  America.     So  help  me  God." 

Done  at  Charleston,  the  fourth  day  of  April,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  sixty-one. 

D.  F.  JAMISON", 

President  of  the  Convention. 

Attest :  B.  F.  Arthur, 

Clerk  of  the  Convention. 


31 


The  State  of  South  Carolina. 

At  a  Convention  of  the  People  of  the  State  of  South 
Carolina,  reassembled  by  appointment  of  the  President 
thereof,  at  Charleston,  on  the  twenty-sixth  day  of 
March,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  sixty-one,  and  thence  continued  by  divers 
adjournments  to  the  eighth  day  of  April  in  the  same 
year. 

AX  OPvPIXAXCE 

To  transfer  to  the  Government  of  the  Confederate  States  of 
America  the  use  and  occupancy  of  the  forts,  arsenals, 
navy  yards,  custom  houses,  and  other  public  sites, 
within  the  limits  of  this  State. 

We,  the  People  of  Soulh  Carolina,  in  Convention  assemljled, 
do  ordain  and,  eleclare,  and  it  is  herein/  ordained  and  declared, 
bi/  the  authority  of  the  same, 

That  the  Government  of  the  Confederate  States  of  Ame- 
rica is  hereby  authorized  to  occupy,  use  and  hold  possession 
of  all  forts,  navy  yards,  arsenals,  custom  houses,  and  other 
public  sites,  within  the  limits  of  this  State,  and  their  appur- 
tenances, lately  in  the  possession  of  the  United  States  of 
America,  together  with  Fort  Sumter,  and  to  repair,  rebuild 
and  control  the  same  at  its  discretion,  until  this  Ordinance 
be  repealed  by  a  Convention  of  tlie  People  of  this  State. 

Done  at  Charleston,  tlie  eighth  day  of  April,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  sixty-one. 

I).  F.  jamiso:n". 

President  of  the  Convention. 

Attest:  B.  F.  Arthur, 

Clerk  of  the  Convention. 


32 

The  State  op  South  Carolina, 

At  a  Convention  of  the  People  of  the  State  of  South 
Carolina,  reassonihled  hj  appointment  of  the  Presi- 
dent thereof,  at  Charleston,  on  the  twenty-sixth  day  of 
March,  in  tlie  vear  of  our  Lord  one  thousand  eio;ht 
hundred  and  sixty-one,  and  thence  continued,  by  divers 
adjournments,  to  the  eighth  day  of  April,  in  the  same 
year. 

A^^  ORDINANCE 

To  repeal  in  })art,  and  alter  in  part,  the  Ordinance  entitled, 
"  An  Ordinance  to  amend  the  Constitution  of  the  State 
of  Soutli  Carolina,  in  respect  to  the  Executive  Depart- 
ment." 
We,  the  People  of  {he  StoJe  of  South  Ckrolhm,  bi  Convention 
assembled,  do  declare  and  ordain,  and  it  is  herelnj  declared  and 
ordained,  asfolloirs, 

The  first  Section  of  the  Ordinance,  ratified  on  the  twenty- 
seventh  day  of  December,  one  thousand  eight  hundred  and 
sixty,  entitled  "  An  Ordinance  to  amend  the  Constitution 
of  the  State  of  South  Carolina,  in  respect  to  the  Executive 
Department,"  is  hereby  repealed.  The  second  Section  of 
the  said  Ordinance  is  hereby  altered,  so  that  the  faithful 
servants  of  the  State,  Avho  have  heretofore  constituted  the 
Executive  Council,  shall  be  relieved  from  the  duties  which 
have  been  assigned  to  them  under  that  section,  so  soon  as, 
in  the  opinion  of  the  Governor,  the  pressing  exigencies  of 
public  afiiiirs  will  permit,  except  two,  to  wit :  the  Lieuten- 
ant Governor,  and  a  member  of  the  Council,  who  may  be 
charged  with  the  Treasury  Department,  and  these  two,  at 
the  discretion  of  tlie  Governor,  may  be  retained,  but  not 
beyond  the  adjournment  of  the  Legislature,  after  its  next 
sitting,  unless  the  Legislature  should  otherwise  direct. 
Done  at  Charleston,  the  eighth  day  of  April,  in  the  year 
of  our  LorA  one  thousand  eight  hundred  and  sixty-one. 

D.  F.  JAMISON", 
President  of  the  Convention. 
Attest:  B.  F.  Arthur, 

Clerk  of  the  Convention. 


33 


A  BILL 

To  iilter  and  amend  the  Third  Section  of  the  First  Article 
of  the  Constitntion  of  this  State. 

L  Be  it  enacted  V)y  the  Senate  and  House  of  Representa- 
tives, now  met  and  sitting  in  General  Assembly,  and  by  the 
authority  of  the  same,  That  the  Election  District  declared 
and  known  in  the  Constitution  by  the  name  of  Claremont, 
shall  be  hereafter  known  and  recognized  by  the  name  of 
Sumter. 

IL  Be  it  further  enacted  hj  tJtc  authority  aforesaid^  That  the 
Election  District  declared  and  known  in  the  Constitution 
by  the  name  of  Liberty,  shall  be  hereafter  known  and 
recognized  by  the  name  of  Marion. 

In  the  Senate  House,  the  fourth  day  of  December,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and 
sixty,  and  in  the  eighty-fifth  j-ear  of  the  sovereignty 
and  independence  of  the  United  States  of  America. 

"We  do  certify  that  the  foregoing  Bill  has  been  read  three 
times,  on  three  several  days,  in  the  House  of  Repre- 
sentatives, and  three  times,  on  three  several  days,  in 
the  Senate,  and  was  agreed  to  by  two-thirds  of  the 
whole  representation  in  both  branches  of  the  Legisla- 
ture. 

WILLIAM  D.  PORTER, 

President  of  the  Senate. 

JAMES  SIMO^^S, 

Speaker  House  of  Bepresentatives. 


34 


A  BILL 

To  alter  and  amend  the  Tenth  Section  of  the  First  Article 
of  the  Constitution  of  the  State  of  South  Carolina. 

L  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tiv^es,  now  met  and  sitting  in  General  Assembly,  and  In- 
the  authority'  of  the  same,  That  the  tenth  Section  of  the 
first  Article  of  the  Constitution  of  this  State  be  altered  and 
amended,  to  read  as  follows  :  Senators  and  Members  of  the 
House  of  Representatives  shall  be  chosen  on  the  Tuesday 
after  the  second  Monday  in  October,  in  tlie  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-two,  and  on 
the  same  day  in  every  second  year  thereafter,  in  such  man- 
ner and  at  such  times  as  are  herein  directed,  and  shall  meet 
on  the  fourth  Monday  in  November,  annually,  at  Colum- 
bia, (which  shall  remain  the  seat  of  government  until  other- 
wise determined  by  the  concurrence  of  two-thirds  of  both 
branches  of  the  whole  representation,)  unless  the  casualties 
of  war,  or  contagious  disorders,  should  render  it  unsafe  to 
meet  there  ;  in  either  of  which  cases,  the  Governor  or  Com- 
mander-in-Chief for  the  time  being  may,  by  proclamation, 
appoint  a  more  secure  and  convenieut  place  of  meeting  ; 
I^rovided,  That  nothing  herein  contained  shall  be  so  con- 
strued as  to  apply  to  those  Senators  whose  term  of  office 
will  not  expire  on  the  second  Monday  in  October,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  sixty- 
.two. 

In  the  Senate  House,  the  twenty-eighth  day  of  January, 
in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  sixty-one,  and  in  the  eighty-fifth  year  of  the  sove- 
reignty and  independence  of  the  State  of  South  Caro- 
lina. 

We  certify  that  this  Bill  has  been  read  three  times  in 


35 

the  Honse  of  Representatives,  and  three  times  in  the 
Senate,  at  the  present  session,  and  was  agreed  to  by 
two-thirds  of  the  whole  representation. 

WILLIAM  D.  PORTER, 

President  of  the  Senate. 

JAMES  SIMONS, 
Speaker  House  of  Representatives. 


36 


RESOLFTION 

For  Engrossing  the  Constitution  of  the  State. 

Hesolrcd,  That  the  Constitution  of  tlic  State  shall  be 
engrossed,  omitting  all  temporary"  provisions,  and  incorpor- 
ating all  amendments,  so  as  to  present  a  symmetrical  whole, 
and  that  after  having  been  read  and  approved  by  the  Con- 
vention, it  shall  be  ratitied. 


THE 

CONSTITUTION 

OF  THE 

STATE  OF  SOUTH  CAROLINA, 

April    8,    1861. 


We,  the  People  of  the  State  of  South  Qirolimi,  in   Prcami.ie 
Convention  assembled,  do  ordain  and  establish  this  Con- 
stitution, for  the  Governnient  of  the  said  State  : 

Article  I. 
Section  1.  Tlie  Legislative  authority  of  this  State    i.cgisu- 

.        .  ture. 

shall  be  vested  in  a  General  Assembly,  which  shall 
consist  of  a  Senate  and  House  of  Representatives. 

Section  2,  The  House  of  Representatives  shall  be   Represeu- 
coniposed  of  Members,  chosen    by   ballot,    ever}' ciiosen". and 
second  year,  by  the  citizens  of  this  State,  f|ualified  time, 
as  in  this  Constitution  is  provided. 

Section  3.    The  Election   Districts  in  this   State  ,^.Eiootion 

Districts. 

shall  be  as  follows,  to  wit : 

Charleston,  (including  St.  Philip  and  St. 

Michael,) 
Christ  Church, 
St.  John,  Berkley, 
St.  Andrew, 


38 


St.  George,  Dorchester, 

St.  James,  Goose  Creek, 

St.  Thomas  and  St.  Dennis, 

St.  Paul, 

St.  Bartholomew, 

St.  James,  Santee, 

St.  John,  Colleton, 

St.  Stephen, 

St.  Helena, 

St.  Luke, 

Prince  William, 

St.  Peter, 

All  Saints,  (iucludiiig  its  ancient  bound- 
aries,) 

"WiNYAW,  (not  including  any  part  of  All 
Saints,) 

Kingston,  (not  including  any  part  of  All 
Saints,) 

Williamsburg, 

Marion, 

Marlborough, 

Chesterfield, 

Darlington, 

York, 

Chester, 

Fairfield, 

Highland, 

Lancaster, 

Kershaw, 

Sumter, 

Clarendon, 

Abbeville, 

Edgefield, 

Newberry, 

Laurens, 

Union, 

Spartanburg,  (heretofore  called  Spartan,) 

Greenville, 


J 


Taxes. 


39 

Anderson, 

Pickens, 

St.  Matthew, 

Orange, 

Barnwell, 

Lexington. 

Section  4.    The  boundaries  of  the  Election  Di^;-     Boundar- 

1      11  •  11  1  PI  ios  of   Dis- 

tricts  shall   remain  as  they  liavc   norctotore   l)e(Mi  tiict:^. 

established. 

Section  5.    The  House  of  Representatives  sliall  J,;?.,";!!'^" 
consist  of  one  liundred  and  twenty-four  Members, 
to  be  apportioned  among  the  several  Election  Dis-  "!i''a'f^cm'"i- 
tricts  of  the  State,  according  to  the   number  of 'population 
white  inhabitants  contained,  and  the  amount  of  all 
taxes  raised  by  the  Legislature,  whether  direct  or  and 
indirect,  or  of  whatever  sj^ecics,  paid  in  each,  de- 
ducting therefrom  all  taxes   paid   on    account    of 
property  held   in   any  other  District,    and  adding 
thereto    all    taxes    elsewhere  paid  on    account   of 
propertv  held  in  such  District;  an  enumeration  of    consusto 
the  white  inhabitants,  for  this  purpose,  was  made 
in  the  3'ear  one  thousand  eight  hundred  and  iifty- 
nine,   and  shall  be  made  in  the  course  of  every 
tenth  year  thereafter,  in  such  manner  as  shall  l)e 
1)V   law   directed;    and   Representatives    sliall    be 
assigned  to  the  different  Districts,  in  the   above- 
mentioned  proportion,  by  Act  of  the  Legi:slature, 
at  the  session  immediately  succeeding  every  enu- 
meration. 

Section  6.   If  the    enumeration   herein    directed     omission 

111  1  1-1  />      1  to  be  sup- 

should  not   be  made  in   tlie    course   ot   the  year  pii<Hi- 

appointed  for  the  purpose,  it  shall  be  the  duty  of 
the  Government  to  have  it  eti'ected  as  so(jii  there- 
after as  shall  be  practicable. 

Section  7.  In    assigning   ]{epresentatives   to   the     Fractions 


40 

several  Districts  of  this  State,  the  Legishiturc  shall 
allow  one  Representative  for  every  sixtj'-second 
part  of  the  whole  number  of  white  inhabitants  in 
the  State ;  and  one  Representative,  also,  for  ever}'' 
sixty-second  part  of  the  whole  taxes  raised  by  the 
Legislature  of  the  State.  The  Legislature  shall 
further  allow  one  Representative  for  such  frac- 
tions of  the  sixty-second  part  of  the  white  inhab- 
itants of  the  State,  and  of  the  sixty-second  part  of 
the  taxes  raised  by  the  Legislature  of  the  State  as 
when  added  together,  form  a  unit. 

Taxes—        Scctioii  8.  lu  cvcrv  apportionment  of  representa- 
mated.        ^ion  whicli  shall  take  place  after  the  first  appor- 
tionment, the  amount  of  taxes  shall  be  estimated 
from  the  average  of  the  ten  preceding  years. 

E<achDis-      Section  9.  If,  in  the  apportionment  of '  Represen- 

trict  one  .  t-,,  .  -p,.         •.in 

Represen-    tativcs,  auv  Jlilectiou  District  sliali  appear  not  to 

t'ltive.  ^  -   1     1      f.  .  1       •  1   • 

be  entitled,  irom  its  population  and  its  taxes,,  to  a 
Representative,  such  Election  District  shall  never- 
theless send  one  Representative;  and  if  there 
should  be  still  a  deficiency  of  the  number  of  Rep- 
resentatives required  by  section  fifth,  such  defici- 
ency shall  be  supplied  by  assigning  Representa- 
tives to  those  Election  Districts  having  the  largest 
surplus  fractions,  whether  those  fractions  consist 
of  a  combination  of  population  and  taxes,  or  of 
taxes  separately,  until  the  number  of  one  hundred 
and  twenty -four  members  be  provided. 

When  up-      Section  10.  Ko  apportionment  of  Representatives 

portion-  i  i  -l 

tfike'effect.  ^^^'^^^^  b©  coustrucd  to  take  effect,  in  any  manner, 
until  the  general  election  which  shall  succeed 
such   apportionment. 

Senators.       Section  11.  The  Senate  shall  be  composed  of  one 
member  from  each  Election  District,  except  the 


41 

District  formed  by  the  Parishes  of  St  Philip  and 
St.  Michael,  to  which  shall  be  allowed  two  Sen- 
ators as  heretofore. 

Section  12.  The  Senators  having  been  heretofore  ciassc.i. 
divided,  by  lot,  into  two  classes,  the  seats  of  the 
Senators  of  the  first  class  shall  be  vacated  at  the 
exjtiration  of  the  second  year  after  the  Monday 
followinij^  a  general  election,  and  of  the  second 
class  at  the  expiration  of  the  fuui'th  year;  and  the 
nnniher  of  these  classes  shall  be  so  prt)portioned 
that  one-half  of  the  whole  number  of  Senators 
may,  as  nearly  as  [)0ssil)le,  continue  to  be  chosen 
thereafter  evcvy  second  year. 

Section  13.  Everv  free  white  man  of  the  ai;:e  of  .  QnMiifion- 

'  _      ^  tion  ol  vot- 

twenty-one  years,  pau[>ers,  and  non-commissioned  ♦'••*• 
officers  and  ])rivate  soldiers  of  the  army  of  the 
Confederate  States  of  America  excepted,  who  hath 
been  a  citizen  and  resident  in  this  State  two  years 
previous  to  the  day  of  election,  and  who  hath  a 
freehold  of  fifty  acres  of  land,  or  a  town  lot,  of 
which  he  hath  been  legally  seized  and  possessed 
at  least  six  months  before  such  election  ;  or  not 
having  such  freehold  or  town  lot,  hath  been  a  resi- 
dent in  the  Election  District,  in  which  he  offers 
to  give  his  vote,  six  months  before  the  said  elec- 
tion, shall  have  a  right  to  vote  for  a  member,  or 
members,  to  serve  in  either  branch  of  the  Legis- 
lature for  the  Election  District  in  which  he  holds 
such  property,  or  is  so  resident. 

Section  14.  The  returning  ofHcer,  ov  any  other     now 

*  proved  or 

person  present,  entitled  to  vote,  may  require  any  (.xamiiud. 
person,  who  shall  offer  his  vote  at  an  election,  to 
produce  a  certificate  of  his  citizenship,  and  other 
({ualification,  entitling  him  to  vote,  or  to  swear,  or 
afhrm,  that  he  is  duly  fpialified  to  vote,  agreeably 
to  this  Constitutiou. 


42 

QnrtiifK-:i-      Serlioii  15.  Xo  person  shall  be  eligible  to  a  seat 

of  llepre-       •  i  t  i  t-»  •  i  i  • 

sontaiives.  Ill  the  llouse  ot  i-tepreseutatives  unless  he  is  a 
free  white  man,  of  the  age  of  twenty-one  years, 
and  hath  been  a  citizen  and  resident  in  this  State 
three  3'ears  previous  to  his  election.  If  a  resident 
in  the  Election  District,  he  shall  not  be  eligible  to 
a  seat  in  the  House  of  Representatives  unless  he 
be  legally  seized  and  possessed,  in  his  own  right, 
of  a  settled  freehold  estate  of  five  hundred  acres 
of  land  and  ten  negroes;  or  of  a  real  estate  of  the 
value  of  one  hundred  and  lift}'  pounds,  sterling, 
clear  of  debt.  If  a  non-resident,  he  shall  be  le- 
gally seized  and  possessed  of  a  settled  freehold 
estate  therein  of  the  vaUie  of  live  hundred  pounds, 
sterling,  clear  of  debt. 

Who  shall       Sectl.o)i  16.  JSTo  person  shall  be  eligible  to  a  seat 

Tiotb-eli-      .10  1  1         •  r>  1   •'"  PI 

Kii.ictothe  111  the  benate  unless  he  is  a  tree  white  man,  ot  the 

Senate.  ,         .  ■  .    .  , 

age  of  thirty  years,  and  hath  been  a  citizen  and 
resident  in  this  State  five  years  previous  to  bis 
election.  If  a  resident  in  the  Election  District,  he 
shall  not  be  eligible,  unless  he  be  legally  seized 
and  possessed,  in  his  own  right,  of  a  settled  free- 
bold  of  the  value  of  three  hundred  pounds,  sterling, 
clear  of  debt.  If  a  non-resident  in  the  Election 
District,  he  shall  not  be  eligible,  unless  he  be 
legally  seized  and  possessed,  in  his  own  right,  of  a 
settled  freehold  estate,  in  the  said  District,  of  the 
value  of  one  thousand  pounds,  sterling,  clear  of 
debt. 

Members       Sectiou  17.  Sciiators  aud  Members  of  the  House 
t*iire— ^vheu  of  Representatives   shall   be  chosen  at  a  general 

cliosGn* 

election  on  the  Tuesday  after  the  second  Monday 
in  October,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  sixty-two,  and  on  tlie  same  day 
in  every  second  year  thereafter,  in  such  manner 
and  for  such  terms  of  office  as  are  herein  directed. 


43 

They  shall  meet  on  the  fourth  Monday  in  j!^ovem-     when  t^ 

•J  •  moet,  and 

her,  annually,  at  Columbia  (which  shall  remain  "''eie. 
the  seat  of  Government  nntil  otherwise  deter- 
mined by  the  concurrence  of  two-thirds  of  both 
branches  of  the  whole  representation),  unless  the 
casualities  of  war,  or  contagious  disorders,  should 
render  it  unsafe  to  meet  there;  in  either  of  which 
cases,  the  Governor,  or  Commander-in-Chief,  for 
the  time  being  may,  by  proclamation,  a})point  a 
more  secure  and  convenient  place  of  meeting. 
From  the  next  «:cneral  election  shall,  however,  be     senators 

i'  '  '  ex(^cptea. 

excepted  those  Senators  now  in  office,  whose  term 
of  service  will  not  expire  in  the  year  one  thousand 
eiii'ht  hundred  and  sixty-two. 


SccfioH  IS.  The  terms  of  office  of  the  Senators    J'^ims  of 

omce. 

and  Members  of  the  House  of  Representatives 
shall  begin  on  tlie  IMonday  following  a  general 
election. 


Sccfion  10.  Each  House  shall  uuhrc  of  the  elec-    7?''1-^^ 
tions,  returns  and  qualilications  of  its  own  Mem-  ^,'.',n7„e,i; 
hers;  and  a  majority  of  each  House  shall  constitute 
a  quorum  to  do  l)usiness;    but  a  smaller  number 

T  i-  Til  1  1  1  Adjonrn- 

may  adjourn  irom  day  to  day,  and  may  be  author-  mcntfiom 
ized  to  compel  the  attendance  of  absent  Members 
in  such  manner  and  under  such  penalties  as  may 
be  provided  by  law. 

Section  20.  Each  House  shall  choose,  by  ballot,  HmiT.''  to 
its  own  officers,  determine  its  rules  of  proceeding,  olvn'om-" 
punish  its  oNIembcrs  for  disorderly  behaviour,  and  ''^''*^' 
with  the  concurrence  of  two-thirds,  expel  a  Mem- 
ber, but  not  a  second  time  for  the  same  cause. 

Section  21.  Each  House  may  punish,  by  impris-     r„\vor  of 
onment  during  its  sitting,  any  person  not  a  Mem-  punish  for 

1  1  I      11   1  •!  1-   t'  1        ti  contempt. 

ber,  who  siiall  be  guilty  ot  disrespect  to  the  House 


44 

1)3' any  disorderly  (u*  couteiiiptnons  beliaviour  in  its 
presence;  or  who,  during  the  time  of  its  sitting, 
shall  threaten  harm  to  body  or  estate  of  any  Mem- 
ber for  anything  said  or  done  in  either  House,  or 
who  shall  assault  an}^  of  them  therefor,  or  who 
shall  assault  or  arrest  any  witness,  or  other  person, 
ordered  to  attend  the  House,  in  his  going  to  or 
returning  therefrom,  or  who  shall  rescue  any  per- 
son arrested  by  order  of  the  House. 

Pnviieges      ScdioR  22.  Tlic  Members  of  both  Houses  shall 

of  Mem- 
bers and      be  protected  in  their  persons  and  estates  during 

their  es-  i  J-  -^ 

tates.  their  attendance  on,  going  to,  and  returning  from 

the  Legislature,  and  ten  days  previous  to  the  sit- 
ting, and  ten  days  after  the  adjournment  of  the 
Legislature.  But  these  privileges  shall  not  be 
extended  so  as  to  protect  any  Member  who  shall 
be  charged  with  treason,  felon}",  or  breach  of  the 
peace. 

Revenue  Sectiou  23.  Bills  for  raising  a  revenue  shall  orig- 
inate in  the  House  of  Representatives,  but  may 
be  altered,  amended  or  rejected  by  the  Senate; 
other  bills,  and  all  other  bills  may  originate  in  either  House, 
and  may  be  amended,  altered  or  rejected  by  the 
other. 


whatshaii      Sectiou  24.  'Ro  bill  or  ordinance  shall  have  the 

^ive  the 

force  of  a    forcc  of  law  Until  it  shall  have  been  read  three 

lilW. 

times,  and  on  three  several  days,  in  each  House; 
has  had  the  great  seal  affixed  to  it,  and  has  been 
signed  in  the  Senate  House  by  the  President  of 
the  Senate  and  Speaker  of  the  House  of  liepre- 

sentatives. 


Only  Leg-      Section  25.  No  money  shall  be  drawn  out  of  the 
<iraw  mon-  Public  Trcasury,  but  by  the  legislative  authority 
of  the  State. 


45 

Section  26.  The  Members  of  the  Legislature,  who    compen- 

1  •       /-^  .      "" .  1      11     1        sntioii  to 

sliall  assemble  under  this  Constitution,  shall  be  Member!^, 
entitled  to  receive  out  of  the  Public  Treasury,  for 
their  expenses  during  their  attendance  on,  going 
to,  and  returning  from  tlie  Legislature,  the  com- 
pensation now  tixed  In*  law;  and  the  same  mav  be 
increased  or  diminislR'd  hy  law,  if  circumstances 
shall  require;  but  no  alteration  shall  be  made  by 
any  Legislature  to  take  ctfoct  during  the  existence 
of  the  Legislature  which  shall  make  such  altera- 
tion. 


Section  27.  Xeither  House,  during  their  session,     Adi.uin.- 
without  the  consent  of  the  other,  shall  adjourn  for  House." 
more  than  three  days,  nor  to  any  other  place  than 
that  in  which  the  two  Houses  shall  be  sitting. 

Section  28.    No  bill   or   ordinance,   which    shall  ,.Keguia- 
have    been    rejected    b^'   either    House,    shall   be  {^["/(""["p" '" 
brought  in  again  during  the  sitting,  without  leave  on«erejcot- 
of  the  House,  and  notice  of  six  days  being  previ- 
ously given. 

Section  29.  Xo  yjerson  shall  be  elio'ible  to  a  seat    what  poi- 

■*■  "^  sons  Mio 

in  the  Le2:islature  whilst  he  holds  any  office  of  ex<iiuio,i 

~  ''  from  the 

proiit  or  trust  under  this  State,  the  Confederate  Lt«'-^i"t'>'«? 
States  of  America,  or  either  of  them,  or  under  any 
other  power,  except  officers  in  the  militia,  army, 
or  navy  of  this  State,  Justices  of  the  Peace,  or 
Justices  of  the  County  Courts,  while  they  receive 
no  salaries;  nor  shall  any  contractor  of  the  army 
or  navy  of  this  State,  the  Confederate  States  of 
America,  or  either  of  them,  or  the  agents  of  such 
contractor,  be  eligible  to  a  seat  in  either  House. 
And  if  ail}'  Member  shall  accept  or  exercise  any 
of  the  said  disqualifying  offices  he  shall  vacate 
his  seat. 


46 

How  va-        Section  30.  If  anv  Election  District  shall  neo-lect 

eancies  in  "  ~ 

tiie  Legis-    iq  choose  a  Member,  or  Members,  on  the  clay  of 

latnr    shall  '  '  «' 

be  tilled,  election,  or  if  any  person  cho.sen  a  Member  of 
either  House  should  refuse  to  quality  and  take  his 
seat,  or  should  die,  depart  the  State,  or  accept 
any  disqualifying  office,  a  writ  of  election  shall  be 
issued  by  the  President  of  the  Senate  or  Speaker 
of  the  House  of  Representatives,  as  the  case  nia}'^ 
be,  for  the  purpose  of  filling  up  the  vacancy  there- 
by occasioned,  for  the  remainder  of  the  term  for 
Avhich  the  person  so  refusing  to  qualify,  dying, 
departing  the  State,  or  accepting  a  disqualifying 
office,  was  elected  to  serve. 

Clergy-         Section  ol.    And  whereas  the  ministers  of  the 

men  ex- 
cluded.       Gospel  are,  by  their  profession,  dedicated  to  the 

service  of  God  and  the  cure  of  souls,  and  ought 
not  to  be  diverted  from  the  great  duties  of  their 
function ;  therefore,  no  minister  of  the  Gospel,  or 
public  preacher  of  any  religious  persuasion,  whilst 
he  continues  in  the  exercise  of  his  pastoral  func- 
tions, shall  be  eligible  to  the  office  of  Governor, 
Lieutenant-Governor,  or  to  a  seat  in  the  Senate  or 
House  of  Representatives. 

Article  H. 

Executive.      Scctlon  1.  The  Executive  authority  of  this  State 

shall  be  vested  in  a  Governor,  to  be  chosen  in  the 

How        manner  following:    As  soon  as  may  be  after  the 

for  two  first  meeting  of  the  Senate  and  House  of  Repre- 
sentatives, and  at  every  fii-st  meeting  of  the  House 
of  Representatives  thereafter,  when  a  majority  of 
both  Houses  shall  be  present,  the  Senate  and 
House  of  Representatives  shall  jointly,  in  the 
House  of  Representatives,  choose  by  ballot  a  Gov- 
ernor, to  continue  for  two  years,  and  until  a  new 
election  shall  be  made. 


47 

Section  2.   No   person   shall    be    elicrilile    to    the     Quaiifina- 

^  *-.  tionofGov- 

oiRce  of  Governor  unless  he  hath  attained  the  age  ^mor. 
of  thirty  years,  and  hath  resided  within  the  State, 
and  been  a  citizen  thereof,  ten  years,  and  unless 
he  ])e  seized  and  possessed  of  a  settled  estate 
within  the  same,  in  his  own  right,  of  the  value  of 
fifteen  hundred  pounds  sterling,  clear  of  debt. 

Xo  person  bavin iz;  served  two  vears  as  Governor     Notre-eii- 

*■  ^  '  nilile        tor 

shall  be  re-eligible  to  that  office  till  after  the  expi-  fur  years. 
ration  of  four  years. 

No  person  shall  hold  the  office  of  Governor,  and  Disquaii- 
any  other  office,  or  coniniissu)n,  civil  or  rnditary, 
except  in  the  militia,  either  in  this  State,  or  under 
the  Confederate  States  of  America,  or  either  of 
them,  or  under  any  other  power,  at  one  and  the 
same  time. 

Section  3.  A  Lieutenant-Governor  shall  be  chosen      Lioutcn- 

,  ...  .  .       nnt  Govcrn- 

at  the  same  time,  m  tlie  same  manner,  continue  in  oi— iiow 

,,  -,  ,  •111  1         •      1         chosen,  fic. 

office  for  the  same  period,  and  be  possessed  oi  the 
same  qualifications  as  the  Governor. 

Section  4.  A  Member  of  the  Senate  or  House  of  ^^  Ssi«- 
]^epresentatives  being  chosen,  and  acting  as  Gov-  |,"j!!''seat**on 
ernor  or  Lieutenant-Governor,  shall  vacate  his  seat,  en 'Govl'rn- 
and  another  person  shall  be  elected  in  his  stead.       tonam-Gov- 


■nior. 


Section  5.  In  case  of  the  imi)eachmcnt  of  the  Y'^'"-'*"?,'*'^ 
Governoi-,  or  his  removal  from  office,  death,  resis;- 
nation,  or  removal  from  the  State,  the  Lieutenant- 
Governor  shall  succeed  to  his  office.  And  in  case 
of  the  impeachment  of  the  Lieiitenant-(Tovernor, 
or  his  removal  from  office,  death,  resignation,  or 
removal  from  the  State,  tlie  President  of  tlie 
Senate  shall  succeed  to  his  office,  until  a  nomina- 
tion to  those  offices,  respectively,  shall  be  made  by 
the  Senate  and  House  of  Representatives,  for  the 
remainder  of  the  time  for  which  the  officer  so 


48 

impeached,  removed  from  office,  dyincr,  resigning, 
or  removed  from  tlie  State,  was  elected. 

Govern-      Scctioii  6.  The  Govcmor  shall  be   Commander- 

or  to    com- 

mandarmy,  in.ciiicf  of  tlic  aniiv  aud  uavj  of  this  State,  and 
of  the  militia,  except  when  they  shall  be  called 
into  the  actual  service  of  the  Confederate  States  of 
America. 

May  srnnt      Scctioii  7.  Hc  shull  liavc  poAvcr  to  o^rant  reprieves 

pardons,  &o  .  . 

and  pardons  after  conviction,  except  in  cases  of 
impeachment,  in  such  manner,  on  such  terms,  and 
under  such  restrictions  as  he  shall  think  proper ; 
and  he  shall  have  power  to  remit  tines  and  for- 
feitures, unless  otherwise  directed  by  law. 

Shall  exe-      SccUon  8.  He  shall  take  care  that  the   laws  be 

cute     the 

laws.  faithfully  executed,  in  mercy. 

May  pro-      Sectlon  9.  Hc  sliall  have  po\ver  to  prohibit  the 

hibitthcex-  _  ^  ^ 

portationof  exportatiou  of  provisions,  for  any  time  not  exceed- 

provisions.  i  i.  ^  j 

.  ing  thirty  da^'s. 
His  pom-      Section  10.  He  shall,  at  stated  times,  receive  for 

penwation.         _  _  ... 

his  services  a  compensation,  which  shall  be  neither 
increased  nor  diminished,  during  the  period  for 
which  hc  shall  have  been  elected. 


Executive      SecUoii  11.  All  tlic  officcrs  in  the  Executive  De- 

Officers 

shall    sive  partmeut,  when  required  by  the  Governor,   shall 

inlorma-         ••■  _  .         .      ,  .  .  .    .  . 

tion  to  the  o;ive  him  information,  in  writing,  upon  any  subject 

Governor.     "  '  o?      i  j  j 

relating  to  the  duties  of  their  respective  offices. 
Governor      SectioH  12.  The  Govemor   shall,  from  time    to 

shall      give     .  . 

informa-      time,  sfive  to  the  General  Assembly  information  of 

tion    to    As-  ^    ~  -^ 

sembiy.  the  couditiou  of  the  State,  and  recommend  to  their 
consideration  such  measures  as  he  shall  judge 
necessary  or  expedient. 


49 

Section  13.  lie  may,  on  extraordiuarv  occasions,     May  con- 
convene  tlie  General  Assembly,  and  in  case  of  dis-  rai  Assem- 

^  .   ,  l^ly    on   ex- 

Effreement  between  the  two  Houses,  with  respect  traordinary 

'-'  occasions, 

to  the  time  of  adiournment,  adjourn  them  to  such  andadjoum 
time  as  he  shall  think  proper,    not  beyond  the  ;!.|;|;;'o^""^-^ 
fourth  Monday  in  the  month  of  Xovember  then  ^'S'^^''. 
ensuing. 

Article  III. 

Section  1.  The  judicial  power  shall  be  vested  in    Judiciary. 
such   Superior  and  Inferior  Courts  of  Law  and  ^  t-Mirtn  or 

^  Law  and 

Equity  as  the  Legislature  shall  from  time  to  time  Equity. 
direct  and  establish.  The  judges  of  each  shall  gi.f^'i'/^i^of^^ 
hold  their  commissions  during  good  behaviour;  s^onsdur- 
and  Judges  of  the  Superior  Courts  shall,  at  stated  i"l?\iour. 
times,  receive  a  compensation  for  their  services,  compeiisa- 
which  shall  neither  be  increased  or  diminished  di'^quanfied 
during  their  continuance  in  office  ;  but  they  shall  ing"any 

n  •   •!.  c      ni  111   other  office 

receive  no  fees  or  perquisites  or  oihce,  nor  hold 
any  other  office  of  profit  or  trust,  under  this  State, 
the  Confederate  States  of  America,  or  any  other 
power. 

Section  2.  The  style  of  all  process  shall  be,  "  The    style    of 

''  ■*■  _  process. 

State  of  South  Carolina."  All  prosecutions  shall 
be  carried  on  in  the  name  and  by  the  authority 
of  the  State  of  South  Carolina,  and  conclude — 
"Against  the  peace  and  dignity  of  the  same." 


Article  FV. 

All  persons  who  shall  be  elected  or  appointed  to  ^J^^f^ 
any  office  of  profit  or  trust,  before  entering  on  the 
execution  thereof,  shall  take  (besides  special  oaths 
not  repugnant  to  this  Constitution,  prescribed  by 
the  General  Assembly)  the  following  oath :  "  I 
do  solemnly  swear  (or  affirm)  that  I  will  be  faith- 


office. 


50 

ful,  and  true  allegiance  bear  to  tlie  State  of  South 
Carolina,  so  long  as  I  may  continue  a  citizen 
thereof;  and  that  I  am  duly  qualified,  according  to 
the  Constitution  of  this  State,  to  exercise  the  office 
to  which  I  have  been  appointed  ;  and  that  I  will, 
to  the  best  of  my  ability,  discharge  the  duties 
thereof,  and  preserve,  protect  and  defend  the  Con- 
stitution of  this  State,  and  that  of  the  Confederate 
States  of  America.     So  help  me  God." 

Article  V. 
Represen-      SecUou  1.    The  Housc  of  Representatives  shall 

tatives  shall  . 

jmpear.h.  havc  the  sole  power  of  impeaching;  but  no  im- 
peachment shall  be  made,  unless  with  the  concur- 
rence of  two-thirds  of  the  House  of  Representa- 
tives. 

Senate  to      Section  2.  All  impeachments  shall  be  tried  by  the 

try    itn-  .      . 

peach-        Senate.     When  sitting  for  that  purpose,  the  Sena- 

ments.  °  . 

tors  shall  be  on  oath,  or  affirmation,  and  no  person 
shall  be  convicted  without  the  concurrence  of  two- 
thirds  of  the  Members  present. 

Who  lia-      Section  3.  The  Governor,  Lieutenant-Governor, 
peachment  and  all  civil  officcrs  shall  be  liable  to  impeachment 
for  high  crimes  and  misdemeanors,  for  any  misbe- 
haviour in  office,  for  corruption  in  procuring  office, 
or  for  any  act  which  shall  degrade  their  official 
Punish-   character.     But  judgment  in  such  cases  shall  not 
^seof"con-  Gxtcud  furtlicr  than  to  removal  from   office  and 


viction.  disqualification  to  hold  any  office  of  honor,  trust 
or  profit  under  this  State.  The  party  convicted 
shall,  nevertheless,  be  liable  to  indictment,  trial, 
judgment  and  punishment,  according  to  law. 

All    di3-      Section  4.  All  civil  officers,  whose  authority  is 

trict  offices  .  ,  x     t 

to  be  regu-  limited  to  a  single  Election  District,  a  single  Judi- 

lated  by  law  °  ^  . 

cial  District,  or  part  of  either,  shall  be  appointed, 


51 

hold  their  office,  be  removed  from  office,  and  in 
addition  to  liability  to  impeachment,  may  be  pun- 
ished for  official  misconduct  in  such  manner  as  the 
Legislature,  previous  to  their  appointment,  may 
provide. 

Section  5.  If  an^^  civil  officer  shall  become  dis-  Removal 
abled  from  discharging  ^e  duties  of  his  office,  by  ity. 
reason  of  any  permanent  bodily  or  mental  infirm- 
it}',  his  office  may  be  declared  to  be  vacant  by 
joint  resolution,  agreed  to  by  two-thirds  of  the 
whole  Representation  in  each  branch  of  tlie  Legis- 
lature. Provided,  That  such  resolution  shall  con- 
tain the  grounds  for  the  proposed  removal,  and, 
before  it  shall  pass  either  House,  a  cop}-  of  it 
shall  be  served  on  the  officer,  and  a  hearing  be 
allowed  him. 

Article  YI. 


Section  1.  The  Judges  of  the  Superior  Courts,     How  om- 

cGrs      sliixll 

the  Commissioners  of  the  Treasury,  Secretary  of  be  elected. 

the  State,  and  Surveyor-General,  shall  be  elected 

by  the  joint  ballot  of  both  Houses,  in  the  House 

of  Rciiresentatives.      The    Commissioners  of  the   Limitotion 

of   somp 

Treasury,  Secretary  of  the  State,  and  Surveyor-  commis- 

^ '  ''  ^  '  "^  sions. 

General,  shall  hold  their  offices  for  four  years,  but 
shall  not  be  eligible  again  for  four  years  after  the 
expiration  of  the  time  for  which  they  shall  have 
been  elected. 

Section  2.  All  other  officers  shall  be  appointed  as    other  o.n- 
they  hitherto  have  been,  until  otherwise  directed  appoi^tej.'*^ 
by  law;  but  a  sherifi" shall  not  be  again  eligible  for  re-e'ii^ibiV 
four  years  after  the  term  for  which  he  shall  have  years. 
been  elected. 

Section  3.  All  commissions  shall  be  in  the  name     style   of 
and  by  the  authority  of  the  State  of  South  Caroli-  sions. ' 


52 

ua,  and  be  sealed  witli  tlie  seal  of  the  State,  and 
be  signed  bv  the  Governor. 


Article  VII. 
Laws  to        All  laws  of  force  in  this  State,  at  the  passins;  of 

.'ontinue  of  .         .  .  ^  '^ 

force  until  this  Constitiition,  shall  so  continue,  until  altered 

altered.  ^  ,  ' 

or  repealed  by  the  Legislature,  except  -^here  they 
are  temporary,  in  which  case  they  shall  expire  at 
the  times  respectively  limited  for  their  duration,  if 
not  continued  by  Act  of  the  Legislature. 


Article  VIII. 
Frecexer-      Sectiou  1.    Thc  free  exercise  and  enjoyment  of 

cise  of  anv        -,•     •  n        '  -\  i-  •   -\  t- 

religious  "  rcligious  profcssion  and  worship,  without  discrim- 

profestrion.  ox 

illation  or  preference,  shall,  forever  hereafter  be 
Proviso,  allowed  within  this  State,  to  all  mankind,  provided 
that  the  liberty  of  conscience  hereby  declared 
shall  not  be  so  construed  as  to  excuse  acts  of  licen- 
tiousness, or  justify  practices  inconsistent  with  the 
peace  or  safety  of  this  State. 

Rights, &e.      Section  2.  The  rights,  privileges,  immunities  and 
to  corpor-    estates  of  both  civil  and  relio;ious  societies,  and  of 

ate  and  it  i      ^^  ^  •  ly     ^         ri. 

other  bod-  corporatc  bodies,  shall  remain  as  ii  the  Constitu- 

ies.  ,  ■'■ 

tiou  of  this  State  had  not  been  altered  or  amended. 


Article  IX. 


Deeiara-       Scctiou  1.   All  powcr  is  Originally  vested  in  the 

tion  of  '■  *"  f>  1     1 

rights.  people,  and  all  free  governments  are  lounded  on 
their  authority,  and  are  instituted  for  their  peace, 
safety  and  happiness. 

Section  2.  ISTo  freeman  of  this  State  shall  be 
taken  or  imprisoned,  or  disseized  of  his  freehold, 
liberties  or  privileges,  or  outlawed,  or  exiled,  or  in 
any  manner  destroyed  or  deprived  of  his  life,  lib- 
erty or  property,  but  by  the  judgment  of  his  peers, 


53 

or  hj  the  law  of  the  land ;  nor  shall  anv  hill  of 
attainder,  ex  post  facto  law,  or  law  impairing  the 
ohligation  of  contracts  ever  be  passed  by  the  Leg- 
islature of  this  State. 

Section  3.  The  military  shall  be  subordinate  to 
the  civil  power. 

Section  4.  Excessive  "bail  shall  not  be  required, 
nor  excessive  fines  imposed,  nor  cruel  punishments 
inflicted. 

Section  5.  The  Legislature  shall  not  grant  any 
title  of  nobility,  or  hereditary  distinction,  nor  cre- 
ate an}'  office,  the  appointment  to  wliicli  shall  be 
for  any  longer  time  thaii  during  good  behaviour. 

Section  6.  The  trial  by  jury,  as  heretofore  used 
in  this  State,  and  the  liberty  of  the  press,  shall  be 
forever  inviolably  preserved. 

Section  7.  The  rights  of  primogeniture  shall  not 
be  re-establislied,  and  there  shall  not  fail  to  be 
some  legislative  provision  for  the  equitable  distri- 
bution of  the  estates  of  intestates. 


Article  X. 

Section  1.  The  business  of  the  Treasury  shall  be    Treasury 
in   future   conducted  by  two  Treasurers,   one  of  Tu'c^ed?*"'" 
whom  shall  hold  his  ofiiee  and  reside  in  Columbia, 
the  other  shall  hold  his  ofiiee  and  reside  in  Charles- 
ton. 

Section  2.   The  Secretary  of  State  and  the  Sur-    a  serre- 
ve^'or  General  shall  hold  their  offices  both  in  Co- 
dumbia  and  Charleston.     They  shall  reside  at  one 
place,  and  their  Deputies  at  the  other. 


54 

Times  and  Scctioii  3.  The  JucIgGS  sliall,  at  such  times  and 
the  meet^  places  as  shall  be  prescribed  by  Act  of  the  Lea;- 
Judges  at    islature  of  this  State,  meet  and  sit,  for  tlie  purpose 

the  discre-  _  ^     _  _  _^        ■•• 

tion  of        of  hcarino;  and  determinine;  all  motions  which  may 

Legislature  ,  . 

be  made  for  new  trials,  and  in  arrest  of  judgment, 
and  such  points  of  law  as  may  be  submitted  to 
them. 

Governor      SecUon  4.    The    Governor   shall   always   reside, 

sliull  reside  .  .  ./  ' 

where  Leg-  during  the  sitting  of  the  Legislature,  at  the  place 

islature  sits  ~  O  O  '  ir 

during  ses-  whcrc  their  Session  may  be  held ;  and  at  all  other 
times  wherever,  in  his  opinion,  the  public  good 
may  require. 

Article  XI. 

tio^i'tJbe'  Section  1.  No  convention  of  the  people  shall  be 
two^hirL  called,  unless  by  the  concurrence  of  two-thirds  of 
Ts'iaufre^®^'  both  branches  of  the  whole  Representation. 

trn^how"  Sectio7i  2.  ^o  part  of  this  Constitution  shall 
altered.  ^.^g  altered,  unless  a  bill  to  alter  the  same  shall 
have  been  read,  on  three  several  days,  in  the 
House  of  Representatives,  and  on  three  several 
days  in  the  Senate,  and  agreed  to  at  the  second 
and  third  readings,  by  two-thirds  of  the  whole 
Representation  in  each  branch  of  the  Legislature ; 
neither  shall  any  alteration  take  place  until  the 
bill  so  agreed  to  be  published  three  months  pre- 
vious to  a  new  election  for  Members  of  the  House 
of  Representatives ;  and  if  the  alteration  proposed 
by  the  Legislature  shall  be  agreed  to,  in  their  first 
Session,  by  two-thirds  of  the  whole  Representa- 
tion, in  each  branch  of  the  Legislature,  after  the 
same  shall  have  been  read  on  three  several  days  in 
each  House,  then,  and  not  otherwise,  the  same 
shall  become  a  part  of  the  Constitution. 

Done  in  Convention  at  Charleston,  in  the  State 


55 

of  Soutli  Carolina,  the  eightli  day  of  April,  in 
the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  sixty-one,  and  in  the  eighty-fifth 
year  of  the  sovereignty  of  the  State  of  South 
Carolina. 

D.  F.  JAMISON, 

President. 
Attest:   B.  F.  Arthur, 

Clerk  of  the  Convention. 


co:n^stitution 


FOU    THE 


PROVISIONAL    GOVERNMENT 


CONFEDERATE  STATES  OF  AMERICA. 


We,  tlio  Deputies  of  the  Sovereign  and  Independent 
States  of  Soutli  Carolina,  Georgia,  Florida,  Alabama,  Mis- 
sissippi and  Louisiana,  invoking  tlie  favor  of  Almighty 
God,  do  hereby,  in  behalf  of  these  States,  ordain  and 
estaldish  this  Constitution  for  the  Provisional  Government 
of  the  same  :  to  continue  one  year  from  the  inauguration 
of  the  President,  or  until  a  permanent  Constitution  or 
Confederation  between  the  said  States  shall  be  put  in 
operation,  whichsoever  shall  first  occur. 

ARTICLE  I. 

SECTION  I. 

All  legislative  powers  herein  delegated  shall  be  vested 
in  this  Congress  now  assembled,  until  otherwise  ordained. 

SECTION  II. 

^Hieu  vacancies  happen  in  the  representation  from 
any  State,  the  same  shall  be  filled  in  such  manner  as  the 
proper  authorities  of  the  State  shall  direct. 


58 


SECTION  III. 


1.  The  Congress  sliall  be  the  judge  of  the  elections, 
returns  and  qualifications  of  its  members  ;  any  number 
of  Deputies  from  a  majority  of  the  States  being  present, 
shall  constitute  a  quorum  to  do  business  ;  but  a  smaller 
number  may  adjoui-n  from  day  to  day,  and  may  be 
authorized  to  compel  the  attendance  of  absent  members ; 
upon  all  questions  before  the  Congress,  each  State  shall 
be  entitled  to  one  vote,  and  shall  be  represented  by  any 
one  or  more  of  its  Deputies  who  may  be  present. 

2.  The  Congress  may  determine  the  rules  of  its  pro- 
ceedings, punish  its  members  for  disorderly  behavior,  and, 
with  the  concurrence  of  two-thirds,  expel  a  member. 

3.  The  Congress  shall  keep  a  journal  of  its  proceed- 
ings, and  from  time  to  time  publish  the  same,  excepting 
such  parts  as  may  in  their  judgment  require  secrecy ; 
and  the  yeas  and  nays  of  the  members  on  any  question, 
shall,  at  the  desire  of  one-fifth  of  those  present,  or  at  the 
instance  of  any  one  State,  be  entered  on  the  journal. 

SECTION  IV. 

The  members  of  Congress  shall  receive  a  compensation 
for  their  services,  to  be  ascertained  by  law,  and  paid  out 
of  the  treasury  of  the  Confederacy.  They  shall  in  all 
cases,  except  treason,  felony  and  breach  of  the  peace,  be 
privileged  from  arrest  during  their  attendance  at  the  ses- 
sion of  the  Congress,  and  in  going  to  and  returning  from 
the  same  ;  and  for  any  speech  or  debate,  they  shall  not  be 
questioned  in  any  other  place. 

SECTION  V. 

1.  Every  bill  which  shall  have  passed  the  Congress,  shall, 
before  it  become  a  law,  be  presented  to  the  President  of 
the  Confederacy ;  if  he  approve,  he  shall  sign  it ;  but  if 
not,  he  shall  return  it  with  his  objections,  to  the  Congress 
who  shall  enter  the  objections  at  large  on  their  journal, 
and  proceed  to  reconsider  it.     If,  after  such  reconsidera- 


59 

tion,  two-thirds  of  the  Congress  shall  agree  to  pass  the 
bill,  it  shall  become  a  law.  But  in  all  such  cases,  the  vote 
shall  be  determined  by  yeas  and  nays  ;  and  the  names  of 
the  persons  voting  for  and  against  the  bill  shall  be  entered 
on  the  journal.  If  any  bill  shall  not  be  returned  by  the 
President  within  ten  days  (Sundays  excepted)  after  it  shall 
have  been  presented  to  him,  the  same  shall  be  a  law,  in 
like  manner  as  if  he  had  signed  it,  unless  the  Congress,  by 
their  adjournment,  prevent  its  return,  in  which  case  it  shall 
not  be  a  law.  The  President  may  veto  any  appropriation 
or  appropriations  and  approve  any  other  appropriation  or 
appropriations  in  the  same  bill. 

2.  Every  order,  resolution  or  vote,  intended  to  have  the 
force  and  effect  of  a  law,  shall  be  presented  to  the  Presi- 
dent, and  before  the  same  shall  take  effect,  shall  be 
approved  by  him,  or  being  disapproved  by  him,  shall  be 
repassed  by  two-thirds  of  the  Congress,  according  to  the 
rules  and  limitations  prescribed  in  the  case  of  a  bill. 

3.  Until  the  inauguration  of  the  President,  all  bills, 
orders,  resolutions  and  votes  adopted  by  the  Congress  shall 
be  of  full  force  without  approval  by  him. 

SECTIOX  VI. 

1.  The  Congress  shall  have  power  to  lay  and  collect 
taxes,  duties,  imposts  and  excises,  for  the  revenue  neces- 
sary to  pay  the  debts  and  carr}'  on  the  Government  of 
the  Confederacy  ;  and  all  duties,  imposts  and  excises  shall 
be  uniform  throughout  the  States  of  the  Confederacy. 
And  this  Congress  shall  also  exercise  executive  powers, 
until  the  President  is  inaugurated: 

2.  To  borrow  money  on  the  credit  of  the  Confederacy : 

3.  To  regulate  commerce  with  foreign  nations,  and  among 
the  several  States,  and  with  the  Indian  tribes : 

4.  To  establish  a  uniform  rule  of  naturalization,  and 
uniform  laws  on  the  subject  of  bankruptcies  throughout 
the  Confederacy  : 

5.  To  coin  money,  regulate  the  value  thereof  and  of  for- 
eign coin,  and  fix  the  standard  of  weights  and  measures : 


60 

6.  To  provide  for  tlie  punishment  of  counterfeiting  tlie 
securities  and  current  coin  of  the  Confederacy. 

7.  To  establish  post-offices  and  post-roads: 

8.  To  promote  the  progress  of  science  and  useful  arts, ' 
by  securing,  for  limited  times,  to  authors  and  inventors, 
the  exclusive   right  to  their  respective  writings  and  dis- 
coveries : 

9.  To  constitute  tribunals  inferior  to  the  Supreme  Court: 

10.  To  define  and  punish  piracies  and  felonies  committed 
on  the  high  seas,  and  offences  against  the  law  of  nations  : 

11.  To  declare  war,  grant  letters  of  marque  and  reprisal, 
and  make  rules  concerning  captures  on  land  and  water: 

12.  To  raise  and  suj^port  armies;  but  no  appropriation 
of  monev  to  that  use*  shall  be  for  a  lono-er  term  than  two 
years : 

13.  To  provide  and  maintain  a  navy: 

14.  To  make  rules  for  the  government  and  regulation  of 
the  land  and  naval  forces : 

15.  To  provide  for  calling  forth  the  militia  to  execute 
the  laws  of  the  Confederac}',  suppress  insurrections,  and 
repel  invasions : 

16.  To  provide  for  organizing,  arming  and  disciplining 
the  militia,  and  for  governing  such  part  of  them  as  may 
be  employed  in  the  service  of  the  Confederacy,  reserving 
to  the  States  respectively  the  appointment  of  the  officers, 
and  the  authority  of  training  the  militia  according  to  the 
discipline  prescribed  by  Congress  :  and 

17.  To  make  all  law^s  which  shall  be  necessary  and 
proper  for  carrjdng  into  execution  the  foregoing  powers 
and  all  other  powers  expressly  delegated  by  this  Constitu- 
tion to  this  Provisional  Government. 

SECTION  VII. 

1.  The  importation  of  African  negroes  from  any  foreign 
country  other  than  the  slaveholding  States  of  the  United 
States,  is  hereby  forbidden;  and  Congress  is  required  to 
pass  such  laws  as  shall  effectually  prevent  the  same. 


61 

2.  Tlje  Congress  shall  also  have  power  to  prohibit  the 
introduction  of  slaves  from  any  State  not  a  member  of 
this  Confederacy. 

3.  The  privilege  of  the  writ  of  habeas  corpus  shall  not 
be  suspended  unless,  when  in  cases  of  rebellion  or  invasion, 
the  public  safety  may  require  it. 

4.  1^0  bill  of  attainder,  or  ex  post  facto  law,  shall  be 
passed. 

5.  No  preference  shall  be  given,  by  any  regulation  of 
commerce  or  revenue,  to  the  ports  of  one  State  over  those 
of  another;  nor  shall  vessels  bound  to  or  from  one  State  be 
obliged  to  enter,  clear,  or  pay  duties  in  another. 

6.  Xo  money  shall  be  drawn  from  the  treasury  but 
in  consequence  of  appropriations  made  by  law ;  and  a 
regular  statement  and  account  of  the  receipts  and  expen- 
ditures of  all  public  money  shall  be  published  from  time 
to  time. 

7.  Congress  shall  appropriate  no  money  from  the  treasu- 
ry unless  it  be  asked  for  by  the  President  or  some  one  of 
the  heads  of  Departments,  except  for  the  purpose  of  paying 
its  own  expenses  and  contingencies. 

8.  No  title  of  nobility  shall  be  granted  Ijy  the  Con- 
federacy ;  and  no  person  holding  any  office  of  profit  or 
trust  under  it,  shall,  without  the  consent  of  the  Congress, 
accept  of  any  present,  emolument,  office,  or  title  of  any 
kind,  whatever,  from  any  king,  prince  or  foreign  State. 

9.  Congress  shall  make  no  law  respecting  an  establish- 
ment of  religion  or  prohibiting  the  free  exercise  thereof; 
or  abridging  the  freedom  of  speech  or  of  the  press;  or  the 
right  of  the  people  peaceably  to  assemble,  and  to  petition 
the  Government  for  a  redress  of  such  grievances  as  the 
delegated  powers  of  this  Government  may  warrant  it  to 
consider  and  redress. 

10.  A  well  regulated  militia  being  necessary  to  the 
security  of  a  free  State,  the  right  of  the  people  to  keep  and 
bear  arms  shall  not  be  infringed. 

11.  No  soldier  shall,  in  time  of  peace,  be  quartered  in 


62 

any  house  without  the  consent  of  the  owner ;  nor  in  time 
of  war,  but  in  a  manner  to  be  prescribed  by  law. 

12.  The  right  of  tlie  people  to  be  secure  in  their  per- 
sons, houses  papers,  and  effects,  against  unreasonable 
searches  and  seizures,  shall  not  be  violated ;  and  no  war- 
rants shall  issue  but  upon  probable  cause,  supported  by 
oath  or  affirmation,  and  particularly  describing  the  place 
to  be  searched,  and  tlie  persons  or  things  to  be  seized. 

13.  No  person  shall  be  held  to  answer  for  a  capital  or 
otherwise  infamous  crime,  unless  on  a  presentment  or 
indictment  of  a  grand  jury,  except  in  cases  arising  in  the 
land  or  naval  forces,  or  in  the  militia,  when  in  actual  ser- 
vice in  time  of  war  or  pul)lic  danger ;  nor  shall  any  person 
be  subject  for  the  same  ofience  to  be  twice  put  in  jeopardy 
of  life  or  limb  ;  nor  shall  be  compelled,  in  any  criminal 
case,  to  be  a  witness  against  himself;  nor  be  deprived  of 
life,  liberty  or  property,  without  due  process  of  law ;  nor 
shall  private  property  be  taken  for  public  use,  without  just 
compensation. 

14.  In  all  criminal  prosecutions,  the  accused  shall  enjoy 
the  right  to  a  speedy  and  public  trial,  by  an  impartial  jury 
of  the  State  and  district  wherein  the  crime  shall  have  been 
committed,  which  district  shall  have  been  previously  ascer- 
tained b}^  law,  and  to  be  informed  of  the  nature  and  cause 
of  the  accusation  ;  to  be  confronted  with  the  witnesses 
against  him  ;  to  have  compulsory  process  for  obtaining  wit- 
nesses in  his  favor ;  and  to  have  the  assistance  of  counsel 
for  his  defence. 

15.  In  suits  at  common  law,  where  the  value  in  contro- 
versy shall  exceed  twenty  dollars,  the  right  of  trial  by  jury 
shall  be  preserved;  and  no  fact,  tried  by  a  jury,  shall  be 
otherwise  re-examined  in  any  Court  of  the  Confederacy 
than  according  to  the  rules  of  the  common  law. 

16.  Excessive  bail  shall  not  be  required,  nor  excessive 
fines  imposed,  nor  cruel  and  unusual  punishments  in- 
flicted. 

17.  The  enumeration,  in  the  Constitution,  of  certain 


63 

rights,  shall  not  be  construed  to  deny  or  disparage  others 
retained  by  the  people. 

18.  The  j)Owers  not  delegated  to  the  Confederacy  by  the 
Constitution,  nor  prohibited  by  it  to  the  States,  are  reserved 
to  the'  States  respective!}-,  or  to  the  people. 

19.  The  judicial  power  of  the  Confederacy  shall  not  be 
construed  to  extend  to  any  suit  in  law  or  equity,  commenced 
or  prosecuted  against  one  of  the  States  of  the  Confederacy, 
by  citizens  of  another  State,  or  by  citizens  or  subjects  of 
any  foreign  State. 

SECTION   VIII. 

1.  No  State  shall  enter  into  any  treaty,  alliance,  or 
confederation  ;  grant  letters  of  marque  and  reprisal ;  coin 
money;  emit  bills  of  credit;  make  any  thing  but  gold  and 
silver  coin  a  tender  in  payment  of  debts ;  pass  any  bill  of 
attainder,  ex  post  facto  law,  or  law  impairing  the  obligation 
of  contracts;  or  grant  any  title  of  nol)ility. 

2.  No  State  shall,  without  the  consent  of  the  Congress, 
lay  any  imposts  or  duties  on  imports  or  exports,  except 
what  may  be  absolutcl}^  necessary  for  executing  its  inspec- 
tion laws ;  and  the  net  produce  of  all  duties  and  imposts, 
laid  by  any  State  on  imports  or  exports,  shall  be  for  the  use 
of  the  treasury  of  the  Confederacy,  and  all  such  laws  shall 
be  subject  to  the  revision  and  control  of  the  Congress.  No 
State  shall,  without  the  consent  of  Congress,  lay  any  duty 
of  tonnage,  enter  into  any  agreement  or  compact  with 
another  State,  or  with  a  foreign  power,  or  engage  in  war, 
unless  actual  1}^  invaded,  or  in  such  inimincnt  danger  as  will 
not  admit  of  delay. 

ARTICLE   n. 

SECTION    I. 

1.  The  Executive  power  shall  be  vested  in  a  President  of 
the  Confederate  States  of  America.  lie,  together  with  the 
Vice  President,  shall  hold  his  office  for  one  year,  or  until 
this  Provisional  Government  shall  be  superseded  by  a  Per- 
manent Government,  whichsoever  shall  tirst  occur. 


64 

2.  The  President  and  Vice  President  shall  he  elected  by 
ballot  by  the  States  represented  in  this  Congress,  each 
State  casting  one  vote,  and  a  majority  of  the  whole  being 
requisite  to  elect. 

3.  'No  person  except  a  natural  born  citizen,  or  a  citizen 
of  one  of  the  States  of  this  Confederac}^  at  the  time  of  the 
adoption  of  this  Constitution,  shall  be  eligible  to  the  office 
of  President ;  neither  shall  any  person  be  eligible  to  that 
office  who  shall  not  have  attained  the  age  of  thirty-five 
years  and  been  fourteen  years  a  resident  of  one  of  the 
States  of  this  Confederacy. 

4.  In  case  of  the  removal  of  the  President  from  office, 
or  of  his  death,  resignation,  or  inability  to  discharge  the 
powers  and  duties  of  the  said  office  (which  inability  shall 
be  determined  by  a  vote  of  two-thirds  of  the  Congress),  the 
same  shall  devolve  on  the  Vice  President;  and  the  Congress 
may  by  law  provide  for  the  case  of  removal,  death,  resigna- 
tion or  inabilit}^,  both  of  the  President  and  Vice  President, 
declaring  what  officer  shall  then  act  as  President;  and  such 
officer  shall  act  accordingly  until  the  disability  be  removed 
or  a  President  shall  be  elected. 

5.  The  President  shall  at  stated  times  receive  for  his 
services,  during  the  period  of  the  Provisional  Government, 
a  compensation  at  the  rate  of  twenty-five  thousand  dollars 
per  annum ;  and  he  shall  not  receive,  during  that  period, 
any  other  emolument  from  this  Confederacy,  or  any  of  the 
States  thereof. 

6.  Before  he  enter  on  the  execution  of  his  office,  he 
shall  take  the  following  oath  or  affirmation : 

"I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully 
execute  the  office  of  President  of  the  Confederate  States  of 
America,  and  will,  to  the  best  of  my  ability,  preserve,  pro- 
tect, and  defend  the  Constitution  thereof." 

SECTION   II. 

1.  The  President  shall  be  Commander-in-Chief  of  the 
Army  and  Navy  of  the  Confederacy,  and  of  the  Militia  of 
the  several  States,  when  called  into  the  actual  service  of 


65 

tlie  Confederacy ;  he  may  require  tlie  opinion,  in  "writing, 
of  the  principal  officer  in  each  of  the  Executive  Depart- 
ments, upon  any  subject  rehiting  to  the  duties  of  their 
respective  offices ;  and  he  shall  have  power  to  grant  re- 
prieves and  pardons  for  oftences  against  the  Confederacy^, 
except  in  cases  of  impeachment. 

2.  He  shall  have'power,  by  and  with  the  advice  and  con- 
sent of  the  Congress,  to  make  treaties,  provided  two-thirds 
of  the  Congress  concur:  and  he  shall  nominate,  and  by 
and  with  the  advice  and  consent  of  the  Congress  shall 
appoint  ambassadors,  other  public  ministers  and  consuls. 
Judges  of  the  Court,  and  all  other  officers  of  the  Confed- 
eracy whose  appointments  are  not  herein  otlierwise  pro- 
vided for,  and  which  shall  be  estal)lishod  by  law.  J3ut 
the  Congress  may,  by  law,  vest  the  appointment  of  such 
inferior  officers  as  they  think  proper  in  the  President 
alone,  in  the  courts  of  law,  or  in  the  heads  of  depart- 
ments, 

3.  The  President  shall  have  power  to  fill  up  all  vacancies 
that  nlay  happen  during  the  recess  of  the  Congress,  by 
granting  commissions  which  shall  expire  at  the  end  of  their 
next  session. 

SECTION    III. 

1.  lie  shall,  from  time  to  time,  give  to  the  Congress  in- 
formation of  the  state  of  the  Confederacy,  and  recommend 
to  their  consideration  such  measures  as  he  shall  judge 
nccessaiy  and  expedient ;  he  may,  on  extraordinary  occa- 
sions, convene  the  Congress  at  such  time  as  he  shall  think 
proper ;  he  shall  receive  ambassadors  and  other  public 
ministers ;  he  shall  take  care  that  the  laws  be  faithfully 
executed ;  and  shall  commission  all  the  officers  of  the 
Confederacy. 

2.  The  President,  A^ice  President,  and  all  civil  officers  of 
the  Confederacy  shall  be  removed  from  office  on  conviction 
by  the  Congress  of  treason,  briber}-  or  other  high  crimes 
and  misdemeanors:  a  vote  of  two-thirds  shall  be  necessary 
for  such  conviction. 


66 
ARTICLE   ni. 

SECTION    I. 

1.  The  judicial  power  of  the  Confederacy  shall  be  vested 
in  one  Supreme  Court,  and  in  such  inferior  Courts  as  are 
herein  directed,  or  as  the  Congress  may  from  time  to  time 
ordain  and  establish. 

2.  Each  State  shall  constitute  a  district  in  which  there 
shall  be  a  court  called  a  District  Court,  which,  until  other- 
wise provided  by  the  Congress,  shall  have  the  jurisdiction 
vested  by  the  laws  of  the  United  States,  as  far  as  applica- 
ble, in  both  the  District  and  Circuit  Courts  of  the  United 
States  for  that  State  ;  the  Judge  whereof  shall  be  appointed 
by  the  President,  by  and  with  the  advice  and  consent  of  the 
Congress,  and  shall,  until  otherwise  provided  by  the  Con- 
gress, exercise  the  power' and  authority  vested  by  the  laws 
of  the  United  States  in  the  Judges  of  the  District  and 
Circuit  Courts  of  the  United  States,  for  that  State,  and  shall 
appoint  the  times  and  places  at  which  the  Courts  shall  be 
held.  Appeals  may  be  taken  directly  from  the  District 
Courts  to  the  Supreme  Court,  under  similar  regulations  to 
those  which  are  provided  in  cases  of  appeal  to  the  Supreme 
Court  of  the  United  States  or  under  such  other  regulations 
as  may  be  provided  b}'  tlie  Congress.  The  commissions  of 
all  the  judges  shall  expire  with  this  Provisional  Govern- 
ment. 

3.  The  Supreme  Court  shall  be  constituted  of  all  the 
District  Judges,  a  majority  of  whom  shall  be  a  quorum, 
and  shall  sit  at  such  times  and  places  as  tlie  Congress  shall 
appoint. 

4.  Tlie  Congress  shall  have  power  to  make  laws  for  the 
transfer  of  any  causes  which  were  pending  in  the  Courts  of 
the  United  States,  to  the  Courts  of  the  Confederacy,  and 
for  the  execution  of  the  orders,  decrees  and  judgments 
heretofore  rendered  by  the  said  Courts  of  the  United  States; 
and  also  all  laws  which  may  be  recpiisite  to  protect  the  par- 
ties to  all  such  suits,  orders,  judgments  or  decrees,  their 
heirs,  personal  representatives  or  assignees. 


67 


SECTION    II. 


1.  The  judicial  power  shall  extend  to  all  cases  of  law  and 
cquitj,  arising  under  this  Constitution,  the  laws  of  the 
United  States,  and  of  this  Confederacy,  and  treaties  made, 
or  which  shall  be  made,  under  its  authority ;  to  all  cases 
aft'ecting  ambassadors,  other  public  ministers  and  consuls ; 
to  all  cases  of  admiralty  and  maritime  jurisdiction;  to  con- 
troversies to  Avliieh  the  Confederacy  shall  he  a  party  : 
controversies  between  two  or  more  States  ;  between  citi- 
zens of  different  States ;  between  citizens  of  the  same  State 
claiming  lands  under  grants  of  different  States. 

2.  In  all  cases  affecting  ambassadors,  other  public  minis- 
ters and  consuls,  and  those  in  Avhich  a  State  shall  be  a 
party,  the  Supreme  Court  shall  have  original  jurisdiction. 
In  all  the  other  cases  before  mentioned,  the  Supreme  Court 
shall  have  appellate  jurisdiction,  both  as  to  law  and  fact, 
with  such  exceptions  and  under  such  regulations  as  the 
Congress  shall  make. 

3.  The  trial  of  all  crimes,  except  in  cases  of  impeach- 
ment, shall  be  by  jury,  and  such  trial  shall  be  held  in  the 
State  where  the  said  crimes  shall  have  been  committed ; 
but  when  not  committed  within  any  State,  the  trial  shall 
be  at  such  place  or  places  as  the  Congress  may  by  law  liavc 
directed. 

SECTION    III. 

1.  Treason  against  this  Confederacy  shall  consist  only  in 
levying  Avar  against  it,  or  in  adhering  to  its  enemies,  giving 
them  aid  and  comfort.  No  person  shall  be  convicted  of 
treason  unless  on  the  testimony  of  two  witnesses  to  tht' 
same  overt  act,  or  on  confession  in  open  Court. 

2.  The  Congress  shall  have  power  to  declare  the  punish- 
ment of  treason ;  but  no  attainder  of  treason  shall  work 
corruption  of  blood  or  forfeiture,  except  during  the  life  of 
the  person  attainted. 


68 


ARTICLE   lY. 

SECTION    I. 

1.  Full  foith  and  credit  shall  be  given  in  each  State 
to  the  public  acts,  records,  and  judicial  proceedings  of 
every  other  State.  And  the  Congress  may,  by  general 
laws,  prescribe  the  manner  in  which  such  acts,  records, 
and  proceedings  shall  be  proved,  and  the  effect  of  such 
proof. 

SECTION   II. 

1.  The  citizens  of  each  State  shall  be  entitled  to  all  privi- 
leges and  immunities  of  citizens  in  the  several  States. 

2.  A  person  charged  in  any  State  with  treason,  felon}'  or 
other  crime,  who  shall  flee  from  justice,  and  be  found  in 
another  State,  shall,  on  demand  of  the  executive  authority 
of  the  State  from  which  he  fled,  be  delivered  up,  to  be 
removed  to  the  State  having  jurisdiction  of  the  crime. 

3.  A  slave  in  one  State,  escaping  to  another,  shall  be 
delivered  up  on  claim  of  the  party  to  whom  said  slave  may 
belong  by  the  executive  authority  of  the  State  in  which 
such  slave  shall  be  found ;  and  in  case  of  any  abduction  or 
forcible  rescue,  full  compensation,  including  the  value  of 
the  slave  and  all  costs  and  expenses,  shall  be  made  to  the 
party  by  the  State  in  which  such  abduction  or  rescue  shall 
take  place. 

SECTION   III. 

1.  The  Confederacy  shall  guarantee  to  every  State  in  this 
Union  a  republican  form  of  government,  and  shall  protect 
each  of  them  against  invasion ;  and,  on  application  of  the 
legislature  or  of  the  executive  (when  the  legislature  cannot 
be  convened),  against  domestic  violence. 

ARTICLE  y. 

1.  The  Congress,  by  a  vote  of  two-thirds,  may,  at  any 
time,  alter  or  amend  this  Constitution. 


69 


ARTICLE  VI. 

1.  This  Constitution,  and  the  laws  of  the  Confederacy 
which  shall  be  made  in  pursuance  thereof,  and  all  treaties 
made,  or  which  shall  be  made,  under  the  authority  of  the 
Confederacy,  shall  be  the  supreme  law  of  the  land  ;  and 
the  judges  in  every  State  sliall  be  bound  thereby,  anything 
in  the  Constitution  or  laws  of  an}'  State  to  the  contrary 
notwithstanding. 

2.  The  Government  hereby  instituted  shall  take  imme- 
diate steps  for  the  settlement  of  all  matters  between  the 
States  ft)rming  it,  and  their  other  late  confederates  of  the 
United  States  in  relation  to  the  public  property  and  public 
debt  at  the  time  of  their  withdrawal  from  them ;  these 
States  hereb}^  declaring  it  to  be  their  wish  and  earnest 
desire  to  adjust  everytliing  pertaining  to  the  common  prop- 
erty, common  liability,  and  common  obligations  of  that 
Union,  upon  the  principles  of  right,  justice,  equity,  and 
good  faith. 

3.  Until  otherwise  provided  by  the  Congress,  the  City  of 
Montgomery,  in  the  State  of  Alabama,  shall  be  the  seat  of 
Government. 

4.  The  members  of  the  Congress  and  all  executive  and 
judicial  officers  of  the  Confederacy  shall  be  bound  by  oath 
or  affirmation  to  support  this  Constitution  ;  but  no  religious 
test  shall  be  required  as  a  qualification  to  any  office  or 
public  trust  under  this  Confederacy. 

5.  The  Congress  shall  have  power  to  admit  other  States. 


70 


The  State  of  South  Carolina. 
At  a  Convention  of  tlie  People  of  the  State  of  South 
Carolina,  reassembled  by  appointment  of  the  Presi- 
dent thereof,  at  Charleston,  on  the  twenty-sixth  day  of 
March,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  sixty-one,  and  thence  continued  by  divers 
adjournments  to  the  eighth  day  of  April,  in  the  same 
year. 

AN  ORDNANCE 

To  Ratify  the  Provisional  Constitution  and  Government  of 
the  Confederate  States  of  America. 

Wc,  the  People  of  South  Carolma,  now  met  and  sitting  in 
Convention,  do  hereby  ordain, 

That  the  Provisional  Constitution  for  the  Confederate 
States  of  America,  framed  and  agreed  to  by  our  deputies, 
at  the  City  of  Montgomery,  in  the  State  of  Alabama,  on 
the  day  of  February  last,  be,  and  it  is  hereby 

accepted  and  ratified ;  and  that  the  Government  organized 
in  pursuance  thereof  is  hereby  approved  and  made  valid, 
according  to  the  terms  of  limitation  expressed  in  said  Con- 
stitution. 

Done  at  Charleston,  the  eighth  day  of  April,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  sixty-one. 

D.  F.  JAMISOX, 

President  of  the  Convention. 
Attest :  B.  F.  Arthur, 

Clerk  of  the  Convention. 


co¥stitutio:n^ 


OF    THE 


CONFEDERATE    STATES    OF    AMERICA. 


We,  the  people  of  the  Confederate  States,  each  State 
acting  in  its  sovereign  and  independent  character,  in  order 
to  form  a  permanent  federal  Government,  establish  justice, 
insure  domestic  tranquility,  and  secure'the  blessings  of  lib- 
erty to  ourselves  and  our  posterity — invoking  the  favor  and 
guidance  of  Almighty  God — do  ordain  and  establish  this 
Constitution  of  the  Confederate  States  of  America. 

ARTICLE  I. 

SECTION  I. 

1.  All  legislative  powers  herein  delegated  shall  be  vested 
in  a  Congress  of  the  Confederate  States,  Avhich  shall  con- 
sist of  a  Senate  and  House  of  Representatives. 

SECTION  II. 

1.  The  House  of  Representatives  shall  be  composed  of 
Members  chosen  every  second  year  by  the  people  of  the 
several  States ;  and  the  electors  in  each  State  shall  be  citi- 
zens of  the  Confederate  States,  and  have  the  qualitications 
requisite  for  electors  of  the  most  numerous  branch  of  the 
State  Legislature ;  but  no  person  of  foreign  birth,  not  a 
citizen  of  the  Confederate  States,  shall  be  allowed  to  vote 
for  any  officer,  civil  or  political,  State  or  federal. 


2.  Xo  person  shall  he  a  Representative  who  shall  not 
have  attained  the  age  of  twent^^-five  years,  and  be  a  citizen 
of  the  Confederate  States,  and  who  shall  not,  when  elected, 
be  an  inhabitant  of  that  State  in  which  he  shall  be  chosen. 

3.  Representatives  and  direct  taxes  shall  be  apportioned 
among  the  several  States  which  may  be  inclnded  within 
this  Confederacy,  according  to  their  respective  numbers — 
.which  shall  be  determined  by  adding  to  the  whole  number 
of  free  persons,  including  those  bound  to  service  for  a  term 
of  years,  and  excluding  Indians  not  taxed,  three-fifths  of 
all  slaves.  The  actual  enumeration  shall  be  made  Avithin 
three  years  after  the  first  meeting  of  the  Congress  of  the 
Confederate  States,  and  within  every  subsequent  term  of 
ten  years,  in  such  manner  as  they  shall,  by  law,  direct. 
The  number  of  Representatives  shall  not  exceed  one  for 
every  fifty  thousand,  but  each  State  shall  have,  at  least,  one 
Representative;  and  until  such  enumeration  shall  be  made, 
the  State  of  South  Carolina  shall  be  entitled  to  choose  six, 
the  State  of  Georgia  ten,  the  State  of  Alabama  nine,  the 
State  of  Florida  two,  the  State  of  Mississippi  seven,  the 
State  of  Louisiana  six,  and  the  State  of  Texas,  six. 

4.  Wlien  vacancies  happen  in  the  representation  from 
any  State,  the  Executive  authority  thereof  shall  issue  writs 
of  election  to  fill  such  vacancies. 

5.  The  House  of  Representatives  shall  choose  their 
Speaker  and  other  officers,  and  shall  have  the  sole  power 
of  impeachment;  except  that  any  judicial  or  other  federal 
officer,  resident  and  acting  solely  within  the  limits  of  any 
State,  may  be  impeached  by  a  vote  of  two-thirds  of  both 
branches  of  the  Legislature  thereof. 

SECTION  III. 

1.  The  Senate  of  the  Confederate  States  shall  be  com- 
posed of  two  Senators  from  each  State,  chosen  for  six  years 
by  the  Legislature  thereof,  at  the  regular  session  next  im- 
mediately preceding  the  commencement  of  the  term  of 
service  ;  and  each  Senator  shall  have,  one  vote. 

2.  Immediately  after  thej'-  shall  be  assembled,  in  conse- 


73 

qiience  of  the  first  election,  they  shall  he  divided  as  equally 
as  ma}'  be  into  three  classes.  The  seats  of  the  Senators  of 
the  first  class  shall  be  vacated  at  the  expii-ation  of  the 
second  year;  of  the  second  class  at  the  expiration  of  the 
fourth  year;  and  of  the  third  class  at  the  expiration  of  the 
sixth  year ;  so  that  one-third  may  be  chosen  cverj'  second 
year;  and  if  vacancies  happen  by  resignation,  or  otherwise, 
during  the  recess  of  the  Legislature  of  an}'  State,  the  Exec- 
utive thereof  may  make  temporary  appointments  until  the 
next  meeting  of  the  LegisUiture,  whicli  shall  then  fill  such 
vacancies. 

3.  iSTo  person  shall  be  a  Senator  who  shall  not  have 
attained  the  age  of  thirty  .years,  and  l)c  a  citizen  of  the 
Confederate  States;  and  who  shall  not,  when  elected,  be  an 
inhabitant  of  the  State  for  which  he  shall  be  chosen. 

4.  The  Vice  President  of  the  Confederate  States  shall 
be  President  of  the  Senate ;  but  shall  have  no  vote,  unless 
they  be  equally  divided. 

5.  The  Senate  shall  choose  their  other  ofiicers ;  and  also 
a  President  pro  tempore  in  the  absence  of  the  Vice  Presi- 
dent, or  when  he  shall  exercise  the  ofiice  of  President  of 
the  Confederate  States. 

G.  The  Senate  shall  have  the  sole  power  to  try  all  im- 
peachments. When  sitting  for  that  purpose,  they  shall  be 
on  oath  or  aflirmation.  When  the  President  of  the  Con- 
federate States  is  tried,  the  Cliief  Justice  shall  preside ; 
and  no  person  shall  be  convicted  without  the  concurrence 
of  two-thirds  of  the  Members  }»resent. 

7.  Judgment  in  cases  of  impeachment  shall  not  extend 
further  than  to  removal  from  office,  and  dis(puilification  to 
hold  and  enjoy  any  office  of  honor,  trust  or  profit  under 
the  Confederate  States ;  but  the  party  convicted  shall,  nev- 
ertheless, be  liable  and  subject  to  indictment,  trial,  judg- 
ment and  punishment  according  to  law. 

SECTION  IV. 

1.  The  times,  places  and  manner  of  holding  elections  for 
Senators  and  Representatives  shall  be  prescribed  in  each 


74 

State  by  tlie  Legislature  tliereof,  subject  to  the  provisions 
of  this  Constitution ;  l)ut  the  Congress  may,  at  an^-  time, 
by  law,  make  or  alter  such  regulations,  except  as  to  the 
times  and  places  of  choosing  Senators. 

2,  The  Congress  shall  assemble  at  least  once  in  every 
year;  and  such  meeting  shall  be  on  the  first  Monday  in 
December,  unless  thev  shall,  bv  law,  appoint  a  different 
day. 

SECTION  V. 

1.  Each  House  shall  he  the  judge  of  the  elections,  re- 
turns and  qualifications  of  its  own  Members,  and  a  majority 
of  each  shall  constitute  a  quorum  to  do  business ;  but  a 
smaller  number  may  adjourn  from  day  to  day,  and  may  be 
authorized  to  compel  the  attendance  of  absent  Members, 
in  such  manner,  and  under  such  penalties,  as  each  House 
may  provide. 

2.  Each  House  may  determine  the  rules  of  its  proceed- 
ings, punish  its  Members  for  disorderly  behaviour,  and,  with 
the  concurrence  of  two-thirds  of  the  whole  number,  expel 
a  Member. 

3.  Each  House  shall  keep  a  journal  of  its  proceedings, 
and  from  time  to  time  publish  the  same,  excepting  such 
parts  as  may  in  their  judgment  require  secresy ;  and  the 
yeas  and  nays  of  the  Members  of  either  House,  on  any 
question,  shall,  at  the  desire  of  one-fifth  of  those  present, 
be  entered  on  the  journal. 

4.  iSTeither  House,  during  the  session  of  Congress,  shall, 
without  the  consent  of  the  other,  adjourn  for  more  than 
three  da^-s,  nor  to  any  other  place  tlian  that  in  Avhich  the 
two  Houses  shall  be  sitting. 

SECTION  VI. 

1.  The  Senators  and  Representatives  shall  receive  a  com- 
pensation for  their  services,  to  be  ascertained  by  law,  and 
l^aid  out  of  the  treasurj'  of  the  Confederate  States.  They 
shall,  in  all  cases,  except  treason,  felony  and  breach  of  the 
peace,  be  privileged  from  arrest  during  their  attendance  at 


.^ 


75 

the  session  of  tlioir  respective  Houses,  and  in  going  to  and 
returning  from  the  same ;  and  for  any  s})eccli  or  debate  in 
either  House  they  shall  not  he  questioned  in  any  other 
place. 

2.  Xo  Senator  or  Representative  shall,  during  the  time 
for  Avhich  he  was  elected,  he  appointed  to  any  civil  office 
under  the  authority  of  the  Confederate  States,  which  shall 
have  been  created,  or  the  emoluments  whereof  shall  have 
been  increased  during  such  time  ;  and  no  person  holding 
any  office  under  the  Confederate  States  shall  be  a  Member 
of  either  House  during  his  continuance  in  office.  But 
Congress  may,  b}^  law,  grant  to  the  principal  officer  in  each 
of  the  Executive  Departments  a  seat  upon  the  floor  of 
either  House,  with  the  privilege  of  discussing  any  measure 
appertaining  to  his  department. 

SECTION  VI  r. 

1.  All  hills  for  raising  revenue  sliall  originate  in  the 
House  of  Representatives  ;  but  the  Senate  may  propose  or 
concur  with  amendments  as  on  other  bills. 

2.  Every  bill,  which  shall  have  passed  both  Houses,  shall, 
before  it  becomes  a  law,  be  presented  to  the  President  of 
the  Confederate  States ;  if  he  approve,  he  shall  sign  it ;  but 
if  not,  he  shall  return  it,  with  his  objections,  to  that  House 
in  which  it  shall  have  originated,  who  shall  enter  the  objec- 
tions at  large  on  their  journal,  and  proceed  to  reconsider  it. 
If,  after  such  reconsideration,  two-thirds  of  that  House  shail 
agree  to  pass  the  bill,  it  shall  be  sent,  together  with  the 
objections,  to  the  other  House,  by  which  it  sliall  likewise 
be  reconsidered,  and  if  approved  b}-  two-thirds  of  that 
House,  it  shall  become  a  law.  But,  in  all  such  cases,  the 
votes  of  both  Houses  shall  be  determined  by  yeas  and  nays, 
and  the  names  of  the  persons  voting  for  and  against  the 
l)ill  shall  be  entered  on  the  journal  of  each  House  respect- 
ively. If  any  bill  shall  not  be  returned  by  the  President 
within  ten  days  (Sundays  excepted)  after  it  shall  have  been 
presented  to  him,  the  same  shall  be  a  law,  in  like  manner 
as  if  he  had  signed  it,  unless  the  Congress,  by  their  adjourn- 


76 

meiit,  prevent  its  return,  in  wliicli  case  it  shall  not  be  a 
law.  The  President  ma}-  approve  any  appropriation  and 
disapprove  any  other  appropriation  in  the  same  bill.  In 
such  case  he  shall,  in  signing  the  bill,  designate  the  appro- 
priations disapproved ;  and  shall  return  a  copy  of  such 
appropriations,  with  his  objections,  to  the  House  in  which 
the  bill  shall  have  originated ;  and  the  same  proceedings 
shall  then  be  had  as  in  case  of  other  bills  disapproved  by 
the  President. 

3.  Every  order,  resolution  or  vote,  to  which  the  concur- 
rence of  both  Houses  may  be  necessary  (except  on  a  ques- 
tion of  adjournment),  shall  be  presented  to  the  President 
of  the  Confederate  States ;  and  Ijefore  the  same  shall  take 
effect,  shall  be  approved  hy  him  ;  or  being  disapproved  by 
him,  shall  be  repassed  by  two-thirds  of  both  Houses, 
according  to  the  rules  and  limitations  prescribed  in  case  of 
a  bill. 

SECTION  VIII. 

The  Congress  shall  have  power — 

1.  To  lay  and  collect  taxes,  duties,  imposts  and  excises, 
for  revenue  necessary  to  pay  the  debts,  provide  for  the  com- 
mon defence,  and  to  cany  on  the  government  of  the  Con- 
federate States  ;  but  no  bounties  shall  be  granted  from  the 
treasury  ;  nor  shall  any  duties  or  taxes  on  importations 
from  foreign  nations  be  laid  to  promote  or  foster  any 
branch  of  industry;  and  all  duties,  imposts  and  excises 
shall  be  uniform  throughout  the  Confederate  States : 

2.  To  borrow  money  on  the  credit  of  the  Confederate 
States  : 

3.  To  regulate  commerce  with  foreign  nations,  and 
among  the  several  States,  and  with  the  Indian  tribes  ;  but 
neither  this,  nor  any  other  clause  contained  in  the  Consti- 
tution, shall  ever  be  construed  to  delegate  the  power  to 
Congress  to  appropriate  money  for  any  internal  improve- 
ment intended  to  facilitate  commerce,  except  for  the  pur- 
pose of  furnishing  lights,  beacons,  and  buo^'s,  and  other 
aids  to  navigation  upon  the  coasts,  and  the  improvement  of 


J 


77 

harbors,  and  the  removing  of  obstructions  in  river  na^^ga- 
tion,  in  all  which  cases,  such  duties  shall  be  laid  on  the 
navigation  flicilitated  thereby,  as  may  be  necessary  to  pay 
the  costs  and  expenses  thereof: 

4.  To  establish  uniform  laws  of  naturalization,  and  uni- 
form laws  on  the  subject  of  l^ankruptcies,  throughout  the 
confederated  States;  but  no  law  of  Congress  shall  discharge 
any  debt  contracted  before  the  passage  of  the  same : 

5.  To  coin  money,  regulate  the  value  thereof  and  of  for- 
eign coin,  and  fix  the  standard  of  weights  and  measures : 

6.  To  provide  for  the  punishment  of  counterfeiting  the 
securities  and  current  coin  of  the  Confederate  States  : 

7.  To  establish  post-offices  and  post-routes ;  but  the 
expenses  of  the  Post-office  Department,  after  the  first  day 
of  March,  in  the  year  of  our  Lord  eighteen  hundred  and 
sixty-three,  shall  be  paid  out  of  its  own  revenues : 

8.  To  promote  the  progress  of  science  and  useful  arts, 
by  securing,  for  limited  times,  to  authors  and  inventors  the 
exclusive  right  to  their  respective  writings  and  discoveries: 

9.  To  constitute  tribunals  inferior  to  the  Supreme  Court: 

10.  To  define  and  punish  piracies  and  felonies  committed 
on  the  high  seas,  and  oftences  against  the  law  of  nations : 

11.  To  declare  war,  grant  letters  of  marque  and  reprisal, 
and  make  rules  concerning  captures  on  land  and  water : 

12.  To  raise  and  support  armies  ;  but  no  appropriation 
of  money  to  that  use  shall  be  for  a  longer  term  than  two 
years : 

13.  To  provide  and  maintain  a  navy : 

14.  To  make  rules  for  the  government  and  regulation  of 
the  land  and  naval  forces : 

15.  To  provide  for  calling  forth  the  militia  to  execute  the 
laws  of  the  Confederate  States,  suppress  insurrections  and 
repel  invasions : 

16.  To  provide  for  organizing,  arming  and  digciplining 
the  militia,  and  for  governing  such  part  of  them  as  may  be 
employed  in  the  seiwice  of  the  Confederate  States  ;  reserv- 
ing to   the    States,  respectively,  the   appointment   of  the 


78 

officers,  and  the  aiitliority  of  training  the  militia  according 
to  the  discipline  prescribed  Iw  Congress  : 

17.  To  exercise  exclnsive  legislation,  in  all  cases  "whatso- 
ever, over  such  district  (not  exceeding  ten  miles  sqnare) 
as  may,  by  cession  of  one  or  more  States  and  the  accept- 
ance of  Congress,  become  the  seat  of  the  Government  of 
the  Confederate  States  ;  and  to  exercise  like  anthority  over 
all  places  purchased  by  the  consent  of  the  Legislature  of 
the  State  in  which  the  same  shall  be,  for  the  erection  of 
forts,  magazines,  arsenals,  dockyards,  and  other  needful 
buildings:  and 

18.  To  make  all  laws  which  shall  be  necessary  and 
proper  for  carrying  into  execution  the  foregoing  powers, 
and  all  other  powers  vested  by  this  Constitution  in  the 
Government  of  the  Confederate  States,  or  in  any  depart- 
ment or  officer  thereof. 

SECTION  IX. 

1.  The  importation  of  negroes  of  the  African  race,  from 
any  foreign  country,  other  than  the  slaveholding  States  or 
Territories  of  the  United  States  of  America,  is  hereby  for- 
bidden; and  Congress  is  required  to  pass  such  laws  as  shall 
effectually  prevent  the  same. 

2.  Congress  shall  also  have  power  to  prohibit  the  intro- 
duction of  slaves  from  any  State  not  a  member  of,  or  Ter- 
ritory not  belonging  to,  this  Confederacy. 

3.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be 
suspended,  unless  when  in  cases  of  rebellion  or  invasion 
the  public  safet}^  may  require  it. 

4.  iSTo  bill  of  attainder,  ex  post  facto  law,  or  law  denying 
or  impairing  the  right  of  property  in  negro  slaves,  shall  be 
passed. 

5.  ]!^o  capitation  or  other  direct  tax  shall  be  laid  unless 
in  propoj'tion  to  the  census  or  enumeration  hereinbefore 
directed  to  be  taken. 

6.  1^0  tax  or  duty  shall  be  laid  on  articles  exported  from 
any  State,  except  b}^  a  vote  of  two-thirds  of  both  Houses. 

7.  i^o   preference  shall  be  given   by  any  regulation  of 


79 

comuiarce  or  revenue  to  tlie  ports  of  one  State  over  tliose 
of  another. 

8.  Xo  money  shall  he  drawn  from  the  treasury,  hut  in 
consequence  of  appropriations  made  hy  law ;  and  a  regular 
statement  and  account  of  tlie  receipts  and  expenditures  of 
all  puhlic  money  shall  he  puldished  from  time  to  time. 

9.  Congress  shall  appropriate  no  money  from  the  treas- 
ury except  hy  a  vote  of  two-thirds  of  hoth  Houses,  taken 
by  3^eas  and  nays,  unless  it  be  asked  and  estimated  for  by 
some  one  of  the  heads  of  department,  and  submitted  to 
Congress  by  the  President;  or  for  the  purpose  of  paying 
its  oAvn  expenses  and  contingencies  ;  or  for  the  payment  of 
claims  against  the  Confederate  States,  the  justice  of  which 
shall  have  been  Judicially  declared  by  a  tribunal  for  the 
investigation  of  claims  against  the  Government,  which  it 
is  hereby  made  the  duty  of  Congress  to  establish. 

10.  All  bills  appropriating  monc\y  shall  specify,  in  fed- 
eral currency,  the  exact  amount  of  each  appropriation,  and 
the  purposes  for  which  it  is  made:  and  Congress  shall  grant 
no  extra  compensation  to  any  public  contractor,  officer, 
agent,  or  servant,  after  such  contract  shall  have  been  made 
or  such  sen'iee  rendered. 

11.  Xo  title  of  nobility  shall  be  granted  by  the  Confed- 
erate States ;  and  no  person  holding  any  office  of  profit  or 
trust  under  them  shall,  without  the  consent  of  the  Con- 
gress, accept  of  any  present,  emolument,  office  or  title,  of 
any  kind  whatever,  from  any  king,  prince,  or  foreign  State. 

12.  Congress  shall  make  no  law  respecting  an  establish- 
ment of  religion,  or  prohibiting  the  free  exercise  thereof; 
or  abridging  the  freedom  of  speech,  or  of  the  press;  or  the 
right  of  the  people  peaceably  to  assemble  and  petition  the 
Government  for  a  redress  of  grievances. 

13.  A  well  regulated  militia  being  necessary  to  the  secu- 
rity of  a  free  State,  the  right  of  the  people  to  keep  and 
bear  arms  shall  not  be  infringed. 

14.  Xo  soldier  shall,  in  time  of  peace,  be  quartered  in 
auy  house  without  the  consent  of  the  owner;  nor  in  time 
of  war,  but  in  a  manner  to  be  prescribed  by  law. 


80 

15.  The  rig-lit  of  tlie  people  to  be  secure  in  their  persons, 
houses,  papers  and  eft'ects,  aa^ainst  unreasonable  searches 
and  seizures,  shall  not  be  violated ;  and  no  warrants  shall 
issue  but  upon  probable  cause,  supported  by  oath  or  affir- 
mation, and  particularly  describing  the  place  to  be  searched 
and  the  persons  or  things  to  be  seized. 

16.  jSTo  person  shall  be  held  to  answer  for  a  capital  or 
otherwise  infamous  crime,  unless  on  a  presentment  or  in- 
dictment of  a  grand  jury,  except  in  cases  arising  in  the 
land  or  naval  forces,  or  in  the  militia,  when  in  actual  ser- 
vice, in  time  of  war  or  public  danger ;  nor  shall  any  per- 
son be  subject,  for  the  same  offence,  to  be  twice  put  in 
jeopardy  of  life  or  limb ;  nor  be  compelled,  in  an^^  crimi- 
nal case,  to  be  a  witness  against  himself;  nor  be  deprived 
of  life,  liberty  or  property,  without  due  process  of  law ; 
nor  shall  private  property  be  taken  for  public  use,  without 
just  compensation. 

17.  In  all  criminal  prosecutions,  the  accused  shall  enjoy 
the  right  to  a  speedy  and  public  trial,  by  an  impartial  jury 
of  the  State  and  district  wlierein  the  crime  shall  have  been 
committed,  winch  district  shall  liave  been  previously  ascer- 
tained by  law,  and  to  be  informed  of  the  nature  and  cause 
of  the  accusation ;  to  be  confronted  with  the  witnesses 
against  him  ;  to  have  compulsory  process  for  obtaining  wit- 
nesses in  his  favor ;  and  to  have  the  assistance  of  counsel 
for  his  defence. 

18.  In  suits  at  common  law,  where  the  value  in  contro- 
versy shall  exceed  twenty  dollars,  the  right  of  trial  by  jury 
shall  be  preserved;  and  no  fact  so  tried  by  a  jury  shall  be 
otherwise  re-examined  in  any  court  of  the  Confederacy 
than  according  to  the  rules  of  the  common  law. 

19.  Excessive  bail  shall  not  be  required,  nor  excessive 
fines  imposed,  nor  cruel  and  unusual  punishments  inflicted. 

20.  Every  law  or  resolution  having  the  force  of  law^ 
shall  relate  to  but  one  subject,  and  that  shall  be  expressed 
in  the  title. 

SECTION  X. 

1.  No  State  shall  enter  into  any  treaty,  alliance,  or  con- 


81 

federation ;  grant  letters  of  marque  and  reprisal ;  coin 
money ;  make  an^'tliing  but  gold  and  silver  coin  a  tender 
in  payment  of  debts ;  pass  any  bill  of  attainder,  or  ex  post 
facto  law,  or  law  impairing  the  obligation  of  contracts;  or 
grant  any  title  of  nobility. 

2.  Xo  State  shall,  without  the  consent  of  the  Consress, 
lay  any  imposts  or  duties  on  imports  or  exports,  except 
what  may  be  absolutely  necessary  for  executing  its  inspec- 
tion laws ;  and  the  net  produce  of  all  duties  and  imposts, 
laid  by  any  State  on  imports  or  exports,  shall  be  for  the 
use  of  the  treasury  of  the  Confederate  States;  and  all  such 
laws  shall  be  subject  to  the  revision  and  control  of  Con- 
gress. 

3.  Xo  State  shall,  without  the  consent  of  Congress,  lay 
any  duty  on  tonnage,  except  on  sea-going  vessels,  for  the 
improvement  of  its  rivers  and  harbors  navigated  by  the 
said  vessels;  but  such  duties  shall  not  conflict  with  any 
treaties  of  the  Confederate  States  with  foreign  nations;  and 
any  surplus  revenue,  thus  derived,  shall,  after  making  such 
improvement,  be  paid  into  the  common  treasuiy  ;  nor  shall 
liny  State  keep  troops  or  ships  of  war  in  time  of  peace, 
enter  into  any  agreement  or  compact  with  another  State,  or 
with  a  foreign  power,  or  engage  in  war,  unless  actually 
invaded,  or  in  such  imminent  danger  as  will  not  admit  of 
delay.  But  when  any  river  divides  or  flows  through  two 
or  more  States,  the}-  may  enter  into  compacts  with  each 
other  to  improve  the  navigation  thereof. 

ARTICLE  11. 

SECTION  I. 

1.  The  executive  power  shall  be  vested  in  a  President  of 
the  Confederate  States  of  America.  lie  and  the  Vice 
President  shall  hold  their  offices  for  the  term  of  six  yeai's; 
l)ut  the  President  shall  not  be  re-eligible.  The  President 
and  Vice  President  shall  be  elected  as  follows : 

2.  Each  State  shall  appoint,  in  such  manner  as  the  Legis- 
lature thereof  may  direct,  a  number  of  electors  equal  to 

p 


82 

tlie  whole  number  of  Senators  and  Ile}tresentatiyes  to  which 
the  State  may  be  entitled  in  the  Congress ;  but  no  Senator 
or  Representative,  or  person  holding  an  oiRce  of  trust  or 
profit  under  the  Confederate  States,  shall  be  ap})ointed  an 
elector. 

3.  The  electors  shall  meet  in  their  respective  States  and 
vote  by  ballot  for  President  and  Alee  President,  one  of 
whom,  at  least,  shall  not  be  an  inhabitant  of  the  same 
State  with  themselves ;  they  shall  name  in  their  ballots  the 
person  voted  for  as  President,  and  in  distinct  ballots  the 
person  voted  for  as  Vice  President,  and  they  shall  make 
distinct  lists  of  all  persons  voted  for  as  President,  and  of 
all  persons  voted  for  as  Vice  President,  and  of  the  number 
of  votes  for  each,  which  list  they  shall  sign  and  certify,  and 
transmit,  sealed,  to  the  seat  of  the  Government  of  the  Con- 
federate States,  directed  to  the  President  of  the  Senate. 
The  President  of  the  Senate  shall,  in  the  presence  of  the 
Senate  and  House  of  Representatives,  open  all  the  certifi- 
cates, and  the  votes  shall  then  be  counted;  the  person  hav- 
ing the  greatest  number  of  votes  for  President  shall  be  the 
President,  if  such  number  be  a  majority  of  the  whole  num- 
ber of  electors  appointed;  and  if  no  such  person  have  such 
majority,  then,  from  the  persons  having  the  highest  num- 
bers, not  exceeding  three,  on  the  list  of  those  voted  for  as 
President,  the  House  of  Representatives  shall  choose  im- 
mediately, by  ballot,  the  President.  But  in  choosing  the 
President,  the  votes  shall  be  taken  by  States,  the  represen- 
tation from  each  State  having  one  vote ;  a  quorum  for  this 
purpose  shall  consist  of  a  member  or  members  from  two- 
thirds  of  the  States,  and  a  majority  of  all  the  States  shall 
be  necessary  to  a  choice.  And  if  the  House  of  Represen- 
tatives shall  not  choose  a  President,  whenever  the  right  of 
choice  shall  devolve  upon  them,  before  the  fourth  day  of 
March  next  following,  then  the  Vice  President  shall  act  as 
President,  as  in  case  of  the  death,  or  other  constitutional 
disability  of  the  President. 

4.  The  person  having  the  greatest  numl)er  of  votes  as 
Vice  President  shall  be  the  Vice  President,  if  such  number 


^ 


83 

be  a  majoritv  of  tlie  Avliolo  number  of  electors  appoiuted  ; 
and,  if  no  person  liave  a  majority,  then,  from  the  two  high- 
est numbers  on  the  list,  the  Senate  shall  choose  the  Vice 
President ;  a  quorum  for  the  purpose  shall  consist  of  two- 
thirds  of  the  whole  number  of  Senators,  and  a  majority  of 
the  whole  number  shall  be  necessary-  to  a  choice. 

5.  But  no  person  constitutionally  ineligible  to  the  office 
of  President  shall  be  eligible  to  that  of  Vice  President  of 
the  Confederate  States. 

6.  The  Congress  may  determine  the  time  of  choosing 
the  electors,  and  the  day  on  which  they  shall  give  their 
votes;  which  day  shall  be  the  same  thi'oughout  the  Con- 
federate States, 

7.  iS^o  person,  except  a  natural  born  citizen  of  tlio  Con- 
federate States,  or  a  citizen  thereof,  at  the  time  of  the 
adoption  of  this  Constitution,  or  a  citizen  thereof  born  in 
the  United  States  prior  to  the  20th  of  December,  1860, 
shall  be  eligible  to  the  ofHce  of  President ;  neither  shall 
an}'  person  be  eligible  to  that  office  who  shall  not  have 
attained  the  age  of  thirty-five  years,  and  been  fourteen 
years  a  resident  within  the  limits  of  the  Confederate  States 
as  they  may  exist  at  the  time  of  his  election.. 

8.  In  case  of  the  removal  of  the  President  from  office,  or 
of  his  death,  resignation,  or  inability  to  discharge  the 
powers  and  duties  of  the  said  office,  the  same  shall  devolve 
on  the  Vice  President;  and  the  Congress  may,  by  law, 
provide  for  the  case  of  removal,  death,  resignation,  or  ina- 
bility both  of  the  President  and  Vice  President,  declaring 
what  officer  shall  then  act  as  President,  and  sucli  officer 
shall  act  accoi-dingly  until  the  disability  be  removed  or  a 
President  shall  be  elected. 

9.  The  President  shall,  at  stated  times,  receive  for  his 
services  a  compensation,  Avhich  shall  neither  be  increased 
nor  diminished  during  the  period  for  which  he  shall  have 
been  elected ;  and  he  shall  not  receive  within  that  period 
an}'  other  emolument  from  the  Confederate  State,-',  or  of 
any  of  them. 


84 

10.  Before  he  enters  on  the  execution  of  his  office,  he 
shall  take  the  following  oath  or  affirmation  : 

"  I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully 
execute  the  office  of  President  of  the  Confederate  States, 
and  will,  to  the  host  of  my  ahility,  preserve,  protect  and 
defend  the  Constitution  thereof." 


SECTION  II, 

1.  The  President  shall  be  Commander-in-Chief  of  the 
army  and  navy  of  the  Confederate  States,  and  of  the  mili- 
tia of  the  several  States,  when  called  into  the  actual  service 
of  the  Confederate  States ;  he  may  require  the  opinion,  in 
writing,  of  the  principal  officer  in  each  of  the  Executive 
Departments,  and  upon  any  subject  relating  to  the  duties 
of  their  respective  offices;  and  he  shall  have  power  to  grant 
reprieves  and  pardons  for  offences  against  the  Confederate 
States,  except  in  cases  of  impeachment. 

2.  He  shall  have  power,  by  and  with  the  advice  and  con- 
sent of  the  Senate,  to  make  treaties,  provided  two-thirds  of 
the  Senators  present  concur;  and  he  shall  nominate,  and 
by  and  with  the  advice  and  consent  of  the  Senate,  shall 
appoint  ambassadors,  other  public  ministers  and  consuls. 
Judges  of  the  Supreme  Court,  and  all  other  officers  of  the 
Confederate  States,  whose  appointments  are  not  herein 
otherwise  provided  for,  and  which  shall  be  established  by 
law;  but  the  Congress  may,  by  law,  vest  the  appointment 
of  such  inferior  officers,  as  they  think  proper,  in  the  Presi- 
dent alone,  in  the  courts  of  law,  or  in  the  heads  of  De- 
partments. 

3.  The  principal  officer  in  each  of  the  Executive  Depart- 
partments,  and  all  persons  connected  witli  the  diplomatic 
service,  may  be  removed  from  office  at  the  pleasure  of  the 
President.  All  other  civil  officers  of  the  Executive  De- 
partment may  be  removed  at  any  time  by  the  President, 
or  other  appointing  power,  when  their  services  are  unne- 
cessary, or  for  dishonesty,  incapacity,  inefficiency,  miscon- 
duct,  or   neglect   of  duty  ;    and   when   so   removed,   the 


85 

removal  shall  be  reported  to  the  Senate,  together  with  the 
reasons  therefor. 

4,  Tlie  President  shall  have  power  to  fill  all  vacancies 
that  may  happen  during  the  recess  of  the  Senate,  by  grant- 
ing commissions  which  shall  expire  at  the  end  of  their  next 
session;  but  no  person  rejected  by  the  Senate  sliall  be  re- 
a}>pointed  to  the  same  office  during  their  ensuing  recess. 

SECTION  III. 

1.  The  Presi(lent  shall,  from  time  to  time,  give  to  tlic 
Congress  information  of  the  State  of  the  Confederacy,  and 
recommend  to  their  consideration  such  measures  as  he 
shall  judge  necessary  and  expedient;  he  may,  on  extraor- 
dinary occasions,  convene  both  Houses,  or  eitlier  of  them ; 
and  in  case  of  disagreement  between  them,  with  respect  to 
the  time  of  adjournment,  he  may  adjourn  them  to  such  a 
time  as  he  shall  think  proper;  he  sliall  receive  ambassadors 
and  other  public  ministers;  he  shall  take  care  that  the  laws 
be  faithfully  executed,  and  shall  commission  all  the  officers 
of  the  Confederate  States. 

SECTION  IV. 

1.  The  President,  Vice  President,  and  all  civil  officers  of 
the  Confederate  States,  shall  be  removed  from  office  on 
impeachment  for,  and  conviction  of,  treason,  bribery  or 
othei'  high  crimes  and  misdemeanors. 

ARTICLE  ni. 

SECTION  I. 

1.  The  judicial  power  of  the  Confederate  States  shall  be 
vested  in  one  Supreme  Court,  and  in  such  Inferior  Courts 
as  the  Congress  may  from  time  to  time  ordain  and  establish. 
The  Judges,  both  of  the  Supreme  and  Inferior  Courts,  shall 
hold  their  offices  during  good  behavior,  and  shall,  at  stated 
times,  receive  for  their  services  a  compensation,  which 
shall  not  be  diminished  durin<2:  their  continuance  in  office. 


86 


SECTION  II, 


1.  The  judicial  power  shall  extend  to  all  cases  arisino; 
under  this  Constitution,  the  laws  of  the  Confederate  States, 
and  treaties  made  or  which  shall  be  made  under  their 
authority ;  to  all  cases  affecting  ambassadors,  other  public 
ministers  and  consuls;  to  all  cases  of  admiralty  and  mari- 
time jurisdiction ;  to  controversies  to  which  the  Confeder- 
ate States  shall  be  a  party ;  to  controversies  between  two 
or  more  States;  between  a  State  and  citizens  of  another 
State  where  the  State  is  plaintift" ;  between  citizens  claim- 
ing lands  under  grants  of  different  States,  and  between  a 
State  or  the  citizens  thereof,  and  foreign  States,  citizens  or 
subjects  ;  but  no  State  shall  be  sued  by  a  citizen  or  subject 
of  any  foreign  State. 

2.  In  all  cases  aifccting  an d^assadors;^ other  public  minis- 
ters and  consuls,  and  those  in  which  a  State  shall  be  a 
party,  the  Supreme  Court  shall  have  original  jurisdiction. 
In  all  the  other  cases  before  mentioned,  the  Supreme  Court 
shall  have  appellate  jurisdiction,  both  as  to  law  and  fact, 
with  such  exceptions,  and  under  such  regulations,  as  the 
Congress  shall  uiake. 

3.  The  trial  of  all  crimes,  except  in  cases  of  impeach- 
ment, shall  be  byjury,  and  such  trial  shall  be  held  in  the 
State  where  the  said  crimes  shall  have  been  committed; 
but  when  not  committed  within  any  State,  the  trial  shall 
be  at  such  place  or  places  as  the  Congress  may  by  law  have 
directed. 

SECTION    III. 

1.  Treason  against  the  Confederate  States  shall  consist 
only  in  levying  war  against  them,  or  in  adhering  to  their 
enemies,  giving  them  aid  and  comfort.  ]^o  person  shall 
be  convicted  of  treason  unless  on  the  testimony  of  two 
witnesses  to  the  same  overt  act,  or  on  confession  in  open 
Court. 

2.  The  Congress  shall  have  power  to  declare  the  punish- 
ment of  treason,  but  no  attainder  of  treason   shall  work 


87 

corruption  of  blood,  or  forfeiture,  except  during  the  life  of 
the  person  attainted. 

ARTICLE   IV. 

SECTION    I. 

1.  Full  faith  and  credit  shall  he  given  in  each  State  to 
the  pul)lic  acts,  I'ccords  and  judicial  proceedings  of  every 
other  State;  and  the  Congress  may,  hy  general  laws,  pre- 
scribe the  manner  in  which  such  acts,  records  and  }»roceed- 
ings  shall  be  proved,  and  the  effect  thereof. 

SECTION    II. 

1.  The  citizens  of  each  State  shall  be  entitled  to  all  the 
privileges  and  immunities  of  citizens  in  the  severrll  States, 
and  shall  have  the  right  of  transit  and  sojourn  in  any  State 
of  this  Confederacy,  Avith  their  slaves  and  other  pro)>erty; 
and  the  right  of  property  in  said  slaves  shall  not  be  there- 
by impaired. 

2.  A  person  charged  in  any  State  with  treason,  felony, 
or  other  crime  against  the  laws  of  such  State,  wdio  shall 
flee  from  justice,  and  be  found  in  another  State,  shall,  on 
demand  of  the  Executive  authority  of  the  State  from 
which  he  tied,  be  delivered  up,  to  be  removed  to  the  State 
having  jurisdiction  of  the  crime. 

3.  No  slave,  or  other  person  held  to  service  or  labor  in 
any  State  or  Territor}'  of  the  Confederate  States,  under  the 
laws  thereof,  escaping  or  lawfully  carried  into  another, 
shall,  in  consequence  of  any  law  or  regulation  therein,  be 
dischai-ged  from  such  service  or  labor;  but  shall  be  deliv- 
ered up  on  claim  of  the  part}^  to  whom  such  slave  belongs, 
or  to  whom  such  service  or  labor  may  be  due. 

SECTION    III, 

1.  Other  States  may  be  admitted  into  tins  Confederacy 
by  a  vote  of  two-thirds  of  the  Avhole  House  of  Representa- 
tives, ami  two-thirds  of  the  Senate,  the  Senate  voting  by 
States;  but  no  new  State  shall  be  formed  or  erected  within 


the  jurisdiction  of  any  otlier  State;  nor  any  State  be 
formed  by  the  junction  of  two  or  more  States,  or  parts  of 
States,  without  the  consent  of  the  Legislatures  of  the 
States  concerned,  as  well  as  of  the  Congress. 

2.  The  Congress  shall  luive  power  to  dispose  of  and 
make  all  needful  rules  and  regulations  concerning  the 
property  of  the  Confederate  States,  including  the  lands 
thereof. 

3.  The  Confederate  States  may  acquire  new  territory; 
and  Congress  shall  have  power  to  legislate  and  provide 
governments  for  the  inhabitants  of  all  territor}'  belonging 
to  the  Confederate  States,  lying  without  the  limits  of  the 
several  States;  and  may  permit  them,  at  such  times  and  in 
such  manner  as  it  may  by  law  provide,  to  form  States  to 
be  admitted  into  the  Confederacy.  In  all  such  territory, 
the  institution  of  negro  slavery,  as  it  now  exists  in  the 
Confederate  States,  shall  be  recognized  and  protected  by 
Congress,  and  by  the  territorial  Government;  and  the  in- 
habitiints  of  the  several  Confederate  States  and  Territories 
shall  have  the  right  to  take  to  such  territory  any  slaves 
lawfully  lield  by  them  in  any  of  the  States  or  Territories  of 
the  Confederate  States. 

4.  The  Confederate  States  shall  guarantee  to  every  State 
that  now  is,  or  hereafter  may  become,  a  member  of  this 
Confederacy,  a  republican  form  of  government,  and  shall 
protect  each  of  them  against  invasion,  and,  on  application 
of  the  Legislature  (or  of  the  Executive,  when  the  Legisla- 
ture is  not  in  session),  against  domestic  violence. 

ARTICLE   V. 

1.  Upon  the  demand  of  any  three  States,  legally  assem- 
bled in  their  several  Conventions,  the  Congress  shall  sum- 
mon a  Convention  of  all  the  States,  to  take  into  consider- 
ation such  amendments  to  the  Constitation  as  the  said 
States  shall  concur  in  suggesting  at  the  time  when  the  said 
demand  is  made;  and  should  any  of  the  proposed  amend- 
ments to  the  Constitution  l)e  agreed  on  by  the  said  Con- 


89 

ventioii — votiug  by  States — and  tlie  same  be  ratified  by 
the  Legislatures  of  two-thirds  of  tlie  several  States,  or 
by  Conventions  in  two-thirds  thereof — as  one  or  the  other 
otlier  mode  of  ratification  may  be  proposed  by  the  general 
Convention — they  shall  thenceforward  form  a  part  of  this 
Constitution.  But  no  State  shall,  without  its  consent,  be 
deprived  of  its  equal  representation- in  the  Senate. 

ARTICLE   ^'I. 

1.  The  Government  established  by  this  Constitution  is 
the  successor  of  the  Provisional  Government  of  the  Con- 
federate States  of  America,  and  all  the  laws  passed  by  the 
latter  shall  continue  in  force  until  the  same  shall  be  re- 
pealed or  modified;  and  all  the  officers  api>ointed  by  the 
same  shall  remain  in  otficc  until  their  successors  are  ap- 
pointed and  qualified,  or  the  offices  abolished. 

2.  All  debts  contracted  and  engagements  entered  into 
before  the  adoption  of  this  Constitution  shall  be  as  valid 
against  the  Confederate  States  under  this  Constitution  as 
under  the  Provisional  Governnicut. 

8.  This  Constitution,  and  the  laws  of  the  Confederate 
States,  made  in  pursuance  thereof,  and  all  treaties  made, 
or  which  shall  be  made,  under  the  authority  of  the  Confed- 
erate States,  shall  be  the  supreme  law  of  the  laud;  and  the 
Judges  in  ever}^  State  shall  be  bound  thereby,  anything  in 
the  Constitution  or  laws  of  any  State  to  the  contrary  not- 
withstanding. 

4.  The  Senators  and  Representatives  before  mentioned, 
and  the  Members  of  the  several  State  Legislatures,  and  all 
executive  and  judicial  ofiicers;  both  of  the  Confederate 
States  and  of  the  several  States,  shall  be  bound  by  oath  or 
affirmation,  to  sup})ort  this  Constitution;  but  no  religious 
test  shall  ever  l)e  re([uired  as  a  qualification  to  any  office  or 
public  trust  under  the  Confederate  States. 

5.  The  enumeration  in  the  Constitution  of  certain  rights 
sliall  not  be  construed  to  deny  or  disparage  others  retained 
by  the  }>eople  of  the  several  States. 


90 

6.  The  powers  not  delegated  to  the  Confederate  States 
l)y  the  Constitution,  nor  prohibited  by  it  to  the  States,  are 
reserved  to  the  States,  respectively,  or  to  the  people  thereof. 

ARTICLE  YII. 

1.  The  ratification  of  the  Conventions  of  five  States  shall 
1)6  sufficient  for  the  establishment  of  this  Constitution 
between  the  States  so  ratifying  the  same. 

2.  When  five  States  shall  have  ratified  this  Constitution, 
in  the  manner  above  specified,  the  Congress,  under  the 
Provisional  Constitution,  shall  prescribe  the  time  for  hold- 
ing the  election  of  President  and  Vice  President ;  and,  for 
the  meeting  of  the  Electoral  College  ;  and,  for  counting 
the  votes,  and  inaugurating  the  President.  The}-  shall, 
also,  prescribe  the  time  for  holding  the  first  election  of 
Members  of  Congress  under  this  Constitution,  and  the  time 
for  assembling  the  same.  Until  the  assembling  of  such 
Congress,  the  Congress  under  the  Provisioiial  Constitution 
shall  continue  to  exercise  the  legislative  powers  granted 
them — not  extending  beyond  the  time  limited  by  the  Con- 
stitution of  the  Provisional  Government. 


91 


The  State  of  South  Carolina. 

At  a  Convention  of  tlic  People  of  the  State  of  Soutli 
Carolina,  reassembled  by  appointment  of  the  Presi- 
dent thereof,  at  Charleston,  on  the  twenty-si xtli  day  of 
March,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  sixty-one,  and  tlience  continued,  by  divers 
adjournments,  to  the  third  day  of  April,  in  the  same 
year. 

A^  OPvDlXA^^CE 

To  Ratifv  the  Constitution  of  the  Confederate  States  of 
America. 

We,  the  People  of  the  Sfcfe  of  South  Carolina,  in  Convention 
assembled,  do  deelare  and  ordain,  and.  it  is  herein/  declared  and 
ordained. 

That  tlie  State  of  South  Carolina  docs  liereby  assent  to 
and  ratify  tlie  articles  of  compact,  called  the  "  Constitution 
of  the  Confederate  States  of  America,"  adopted  at  Mont- 
gomery, in  the  State  of  Alabama,  on  the  eleventh  day  of 
March,  in  the  i)resent  year  (one  tbousnnd  eight  hundred 
and  sixty-one),  by  the  convention  of  Delegates  from  the 
States  of  Alabama,  Florida,  Georgia,  Louisiana,  Mississippi, 
South  Carolina,  and  Texas,  and  does  hereby  agree  with 
such  other  of  the  said  States  as  shall  ratify  the  same,  to 
enter  with  them  into  a  Federal  Association  of  States  upon 
the  terms  therein  proposed. 

Done  at  Charleston,  the  third  day  of  April,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  sixty-one, 

D.  F.  JAMISOX, 
President  of  the  Convention. 

Attest:  B.  F.  Aktiiuk. 

Cler/c  of  the  Convention. 


IjN^DTiIX 


Ordinance  to  Dissolve  the  Cnion  hi-twcon  the  State  of  South  Carolina 
and  other  States  united  with  her  under  the  compact  entitled  "  The 
Constitution  of  the  United  States  of  America,"         .         .         .         .       S 

Ordinance  to  alter  the  Constitution  of  the  State  of  South  Carolina,  in 
respect  to  the  Oath  of  Ofhce, "* 

Ordinance  to  make  Provisional  Postal  Arranj>;ements  in  South  Caro- 
lina,    ....       8 

Ordinance  to  make  Provisional  Ari-angements  for  the  continuance  of 
Commeix'ial  Facilities  in  South  Carolina !• 

Ordinance  to  amend  the  Constitution  of  the  State  of  South  Carolina, 
in  respect  to  the  Executive  Di'partment, l".i 

Ordinance  to  alter  the  Constitutiou  of  the  State  of  South  Carolina,  In- 
striking  out  certain  words  in  s\indry  j)laces,       .         .         .         -         .11 

Ordinance  concerning  Powers  lately  vested  in  the  Congress  of  the 
United  States, It- 

Ordinance  to  Define  and  Punish  Treason, 1  <" 

Ordinance  concerning  Judicial  Powers,         .  .  .  .  •  .18 

Ordinance  concerning  Citizenship,        .  .  .         .  .  •         .     U» 

Ordinance  to  vest  in  the  (general  Assembly  the  power  to  establish 
Postal  Arrangements,  ....  ....     22 

Ordinance  to  alter  the  tenth  Section  of  the  first  Article  of  the  Consti- 
tution of  the  State  of  South  Carolina,  and  the  amendment  thereof, 
ratified  the  twenty-eighth  day  of  January,  one  thousand  eight 
huntlrcd  and  sixty-one ;  also,  to  alter  the  tenth  Section  of  the 
Amendments,  ratified  on  the  seventeenth  day  of  December,  eigh- 
teen hundred  .ind  eight ;  and  likewise,  the  second  clause  of  the 
eleventh  Article  of  the  Constitution  aforesaid,  .         .         .         .23 

Ordinance  to  amend  an  Ordinance  concerning  Citizenship,  .         .     26 

Ordinance  to  repeal  .sundry  Ordinances,  and  to  alter  the  fourth  Article 
and  sundry  Sections  of  the  Constitution,  .  .  .  .  .         .27 

Ordinance  to  Transfer  to  the  Government  of  the  Contederate  States 
of  America  the  use  and  occupancy  of  the  Forts.  Arsenals,  Navy 
Yards,  Custom  Houses,  and  other  public  sites  within  the  limits  of  this 
State, 31 


9G 

Ordinance  to  repeal  in  part  and  alter  in  part  the  Ordinance  entitled, 

"  An  Ordinance  to  amend  the  Constitution  of  the  State  of  South 

Carolina,  in  respect  to  the  Executive  Department,"  .  .  .  .32 

Bill  to  alter  and  amend  the  third  Section  of  the  first  Article  of  the 

Constitution  of  this  State, 33 

Bill  to  alter  and  amend  the  tenth  Section  of  the  first  Artieli  of  the 

Constitution  of  the  State  of  South  Carolina, 34 

Resolution  for  Engrossing  the  Constitution  of  the  State,       .         .         .36 

Constitution  of  the  State  of  South  Carolina, 37 

Constitution  of  the  Provisional  C4overnment  of  the  Confederate  States 

of  America,        .  .  .  .  .         •  .  •  •  •  .57 

Ordinance  to  ratify  the  Provisional  Constitution  and  Government  of 

the  Confederate  States  of  America, ■  .         .70 

Constitution  of  the  Confederate  States  of  America,  .  .  .  .71 
Ordinance   to  ratify  the   Constitution   of  the   Confederate    States  of 

America,  .         .         .         .         .         .         .         .         •         .         •         .91 

92 


